Florida Senate - 2015                                    SB 7020
       
       
        
       By the Committee on Criminal Justice
       
       
       
       
       
       591-01637-15                                          20157020__
    1                        A bill to be entitled                      
    2         An act relating to corrections; amending s. 20.315,
    3         F.S.; revising the method of appointment for the
    4         Secretary of Corrections; creating the Florida
    5         Corrections Commission within the department;
    6         providing for membership and terms of appointment for
    7         commission members; prescribing duties and
    8         responsibilities of the commission; prohibiting the
    9         commission from entering into the department’s
   10         operation; establishing meeting and notice
   11         requirements; requiring the commission to appoint an
   12         executive director; authorizing reimbursement of per
   13         diem and travel expenses for commission members;
   14         prohibiting certain conflicts of interest among
   15         commission members; providing for applicability;
   16         amending s. 216.136, F.S.; requiring the Criminal
   17         Justice Estimating Conference to develop projections
   18         of prison admissions and populations for elderly
   19         felony offenders; amending s. 944.151, F.S.; expanding
   20         the department’s security review committee functions;
   21         ensuring physical inspections of state and private
   22         buildings and structures and prioritizing institutions
   23         for inspection that meet certain criteria; amending s.
   24         944.275, F.S.; prohibiting an inmate from receiving
   25         incentive gain-time credits for completing the
   26         requirements for and receiving a general educational
   27         development certificate or vocational certificate if
   28         the inmate was convicted of a specified offense on or
   29         after a specified date; amending s. 944.31, F.S.;
   30         requiring that a copy of a written memorandum of
   31         understanding for notification and investigation of
   32         certain events between the Department of Corrections
   33         and the Department of Law Enforcement be provided in a
   34         timely manner to the Governor, the President of the
   35         Senate, and the Speaker of the House of
   36         Representatives; requiring specialized training in
   37         certain circumstances; amending s. 944.331, F.S.;
   38         requiring the Department of Corrections to provide
   39         multiple private, internal avenues for the reporting
   40         by inmates of sexual abuse and sexual harassment;
   41         requiring the department, in consultation with the
   42         Correctional Medical Authority, to review inmate
   43         health care grievance procedures at each correctional
   44         institution and private correctional facility;
   45         requiring the department to review inmate grievance
   46         procedures at each correctional institution and
   47         private correctional facility; amending s. 944.35,
   48         F.S.; requiring that correctional officers have
   49         specialized training in the effective, nonforceful
   50         management of mentally ill inmates who may exhibit
   51         erratic behavior; requiring each institution to create
   52         and maintain a system to track the use of force
   53         episodes to determine if inmates need subsequent
   54         physical or mental health treatment; requiring annual
   55         reporting of use of force on the agency website;
   56         requiring that reports of physical force be signed
   57         under oath; prohibiting employees with notations
   58         regarding incidents involving the inappropriate use of
   59         force from being assigned to transitional care, crisis
   60         stabilization, or corrections mental health treatment
   61         facility housing; providing an exception; expanding
   62         applicability of a current felony offense to include
   63         certain employees of private providers and private
   64         correctional facilities; defining the term “neglect of
   65         an inmate”; providing for the determination of neglect
   66         of an inmate; creating criminal penalties for certain
   67         employees who neglect an inmate in specified
   68         circumstances; providing for anonymous reporting of
   69         inmate abuse directly to the department’s Office of
   70         Inspector General; requiring that instruction on
   71         communication techniques related to crisis
   72         stabilization to avoid use of force be included in the
   73         correctional officer training program; directing the
   74         department to establish policies to protect inmates
   75         and employees from retaliation; requiring the
   76         department to establish policies relating to the use
   77         of chemical agents; amending s. 944.8041, F.S.;
   78         requiring the department to report health care costs
   79         for elderly inmates in its annual report; creating s.
   80         944.805, F.S.; providing legislative intent relating
   81         to specialized programs for veterans; requiring the
   82         department to measure recidivism and report its
   83         finding in that regard; amending s. 945.215, F.S.;
   84         requiring that specified proceeds and certain funds be
   85         deposited in the State Operated Institutions Inmate
   86         Welfare Trust Fund; providing that the State Operated
   87         Institutions Inmate Welfare Trust Fund is a trust held
   88         by the Department of Corrections for the benefit and
   89         welfare of certain inmates; prohibiting deposits into
   90         the trust fund from exceeding $5 million per fiscal
   91         year; requiring that deposits in excess of that amount
   92         be deposited into the General Revenue Fund; requiring
   93         that funds of the trust fund be used exclusively for
   94         specified purposes at correctional facilities operated
   95         by the department; requiring that funds from the trust
   96         fund only be expended pursuant to legislative
   97         appropriations; requiring the department to annually
   98         compile a report, at the statewide and institutional
   99         level documenting trust fund receipts and
  100         expenditures; requiring the report be submitted by
  101         September 1 for the previous fiscal year to specified
  102         offices of the Legislature and to the Executive Office
  103         of the Governor; prohibiting the purchase of weight
  104         training equipment; providing a contingent effective
  105         date; amending s. 945.48, F.S.; specifying
  106         correctional officer staffing requirements pertaining
  107         to inmates housed in mental health treatment
  108         facilities; amending s. 945.6031, F.S.; changing the
  109         frequency of required surveys; amending s. 945.6033,
  110         F.S.; provides for damages in inmate health care
  111         contracts; amending s. 945.6034, F.S.; requiring the
  112         department to consider the needs of inmates over 50
  113         years of age and adopt health care standards for that
  114         population; creating s. 945.6039; F.S.; allowing an
  115         inmate’s family, lawyer, and other interested parties
  116         to hire and pay for an independent medical evaluation;
  117         specifying the purpose for outside evaluations;
  118         requiring the department to provide reasonable and
  119         timely access to the inmate; amending s. 947.149,
  120         F.S.; defining the term “elderly and infirm inmate”;
  121         expanding eligibility for conditional medical release
  122         to include elderly and infirm inmates; amending ss.
  123         921.0021, 948.10, and 951.221. F.S.; conforming cross
  124         references to changes made by the act; providing for
  125         applicability; reenacting ss. 435.04(2)(uu) and
  126         921.0022(3)(f), F.S., to incorporate the amendment
  127         made to s. 944.35, F.S., in references thereto;
  128         reenacting ss. 944.72(1), 945.21501(1), and 945.2151,
  129         F.S., to incorporate the amendment made to s. 945.215,
  130         F.S., in references thereto; reenacting s.
  131         945.6035(6), F.S., to incorporate the amendment made
  132         to s. 945.6031, F.S., in a reference thereto;
  133         providing effective dates.
  134          
  135  Be It Enacted by the Legislature of the State of Florida:
  136  
  137         Section 1. Subsection (3) of section 20.315, Florida
  138  Statutes, is amended, present subsections (4) through (12) of
  139  that section are redesignated as subsections (5) through (13),
  140  respectively, and a new subsection (4) is added to that section,
  141  to read:
  142         20.315 Department of Corrections.—There is created a
  143  Department of Corrections.
  144         (3) SECRETARY OF CORRECTIONS.—The head of the Department of
  145  Corrections is the Secretary of Corrections. The secretary shall
  146  be is appointed by the Governor with the concurrence of three
  147  members of the Cabinet, subject to confirmation by the Senate,
  148  and shall serve at the pleasure of the Governor and Cabinet. The
  149  secretary is responsible for planning, coordinating, and
  150  managing the corrections system of the state. The secretary
  151  shall ensure that the programs and services of the department
  152  are administered in accordance with state and federal laws,
  153  rules, and regulations, with established program standards, and
  154  consistent with legislative intent. The secretary shall identify
  155  the need for and recommend funding for the secure and efficient
  156  operation of the state correctional system.
  157         (a) The secretary shall appoint a deputy secretary. The
  158  deputy secretary shall be directly responsible to the secretary
  159  and shall serve at the pleasure of the secretary.
  160         (b) The secretary shall appoint a general counsel and an
  161  inspector general, who are exempt from part II of chapter 110
  162  and are included in the Senior Management Service.
  163         (c) The secretary may appoint assistant secretaries,
  164  directors, or other such persons that he or she deems are
  165  necessary to accomplish the mission and goals of the department,
  166  including, but not limited to, the following areas of program
  167  responsibility:
  168         1. Security and institutional operations, which shall
  169  provide inmate work programs, offender programs, security
  170  administration, emergency operations response, and operational
  171  oversight of the regions.
  172         2. Health services, which shall be headed by a physician
  173  licensed under chapter 458 or an osteopathic physician licensed
  174  under chapter 459, or a professionally trained health care
  175  administrator with progressively responsible experience in
  176  health care administration. This individual shall be responsible
  177  for the delivery of health services to offenders within the
  178  system and shall have direct professional authority over such
  179  services.
  180         3. Community corrections, which shall provide for
  181  coordination of community alternatives to incarceration and
  182  operational oversight of community corrections regions.
  183         4. Administrative services, which shall provide budget and
  184  accounting services within the department, including the
  185  construction and maintenance of correctional institutions, human
  186  resource management, research, planning and evaluation, and
  187  technology.
  188         5. Program, transition, and postrelease services, which
  189  shall provide for the direct management and supervision of all
  190  departmental programs, including the coordination and delivery
  191  of education and job training to the offenders in the custody of
  192  the department. In addition, this program shall provide for the
  193  direct management and supervision of all programs that furnish
  194  transition assistance to inmates who are or have recently been
  195  in the custody of the department, including the coordination,
  196  facilitation, and contract management of prerelease and
  197  postrelease transition services provided by governmental and
  198  private providers, including faith-based service groups.
  199         (4) FLORIDA CORRECTIONS COMMISSION.—The Florida Corrections
  200  Commission is created. The commission is assigned to the
  201  Department of Corrections for administrative and fiscal
  202  accountability purposes, but it shall otherwise function
  203  independently of the control, supervision, and direction of the
  204  department. The primary focus of the commission shall be on
  205  matters relating to corrections with an emphasis on the safe and
  206  effective operations of major correctional institutions.
  207  However, in instances in which the policies of other components
  208  of the criminal justice system affect corrections, the
  209  commission shall advise and make recommendations.
  210         (a) The commission shall consist of nine members appointed
  211  by the Governor and subject to confirmation by the Senate. The
  212  initial members of the commission shall be appointed by October
  213  1, 2015. Members of the commission shall be appointed for terms
  214  of 4 years. However, to achieve staggered terms, four of the
  215  initial members shall be appointed to 2-year terms. Members must
  216  be appointed in a manner that ensures equitable representation
  217  of different geographic regions of this state. Each member of
  218  the commission must be a resident and a registered voter of this
  219  state. A commission member must represent the state as a whole
  220  and may not subordinate the needs of the state to those of a
  221  particular region. The commission’s membership should, to the
  222  greatest extent possible, include a sheriff, state attorney,
  223  public defender, pastor or former prison chaplain, community
  224  leader, and business leader.
  225         (b) The primary duties and responsibilities of the Florida
  226  Corrections Commission include:
  227         1. Conducting investigations, internal affairs
  228  investigations, and criminal investigations.
  229         2. Conducting announced and unannounced inspections of
  230  correctional facilities, including facilities operated by
  231  private contractors. The commission may enter any place where
  232  prisoners in this state are kept and shall be immediately
  233  admitted to such place as they desire and may consult and confer
  234  with any prisoner privately and without molestation.
  235         3. Identifying and monitoring high-risk and problematic
  236  correctional facilities, and reporting findings and
  237  recommendations relating to such facilities.
  238         4. Continually monitoring on a statewide basis the
  239  incidence of inmate-on-inmate and officer-on-inmate violence and
  240  the introduction of contraband.
  241         5. Submitting an annual report to the Governor, the
  242  President of the Senate, and the Speaker of the House of
  243  Representatives by each November 1, beginning in 2016.
  244         6. Developing legislative, budgetary, and operational
  245  recommendations for correctional system improvement.
  246         7. Reviewing the annual Legislative Budget Request of the
  247  department and making recommendations and comments on such
  248  budgetary request to the Governor.
  249         8. Convening public hearings, for which the commission is
  250  authorized to issue subpoenas and take sworn testimony of
  251  witnesses.
  252         9. Conducting confidential interviews with staff, officers,
  253  inmates, correctional health care professionals, citizens,
  254  volunteers, and public officials relating to the operations and
  255  conditions of correctional facilities.
  256         10. Developing and implementing a set of standards and
  257  performance measures which establishes an accountability system
  258  that allows each correctional institution or facility to be
  259  individually measured annually for performance. The standards
  260  and measures shall be primarily focused on inmate achievement,
  261  inmate institutional adjustment, safe and secure prison
  262  operations, officer safety, officer training, and inmate safety.
  263  The Florida Corrections Commission shall maintain an
  264  accountability system that tracks the department’s progress
  265  toward meeting specified goals at both regional and
  266  institutional levels.
  267         (c) The commission may not enter into the day-to-day
  268  operation of the department, but may conduct investigations.
  269         (d) The commission shall hold a minimum of six regular
  270  meetings annually. A majority of the membership of the
  271  commission constitutes a quorum at any meeting of the
  272  commission. The chair shall be elected from the commission’s
  273  membership. The chair shall direct that complete and accurate
  274  minutes be kept of all commission meetings, which shall be open
  275  for public inspection. Additional meetings may be held upon the
  276  written request of at least four members, with at least 1 week’s
  277  notice of such meeting being given to all members and the public
  278  by the chair pursuant to chapter 120. Emergency meetings may be
  279  held without notice upon request of all members. Meetings of the
  280  commission shall be held at major correctional facilities around
  281  the state as determined by the chair.
  282         (e) The commission shall appoint an executive director who
  283  shall serve under the direction, supervision, and control of the
  284  commission. The executive director, with consent of the
  285  commission, shall employ staff as necessary to adequately
  286  perform the functions of the commission.
  287         (f) Commission members shall serve without compensation but
  288  are entitled to receive reimbursement for per diem and travel
  289  expenses as provided in s. 112.061.
  290         (g) Commission members may not have an immediate family
  291  member who works in the department or any private institution or
  292  contractor under contract with the department and may not have
  293  any interest, direct or indirect, in a contract, franchise,
  294  privilege, or other benefit granted or awarded by the
  295  department, or any of its contractors or subcontracts, while
  296  serving as a member of the commission.
  297         Section 2. The amendments made by this act to s. 20.315(3),
  298  Florida Statutes, do not apply to a Secretary of Corrections
  299  appointed before July 1, 2015.
  300         Section 3. Paragraph (d) is added to subsection (5) of
  301  section 216.136, Florida Statutes, to read:
  302         216.136 Consensus estimating conferences; duties and
  303  principals.—
  304         (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.—The Criminal
  305  Justice Estimating Conference shall:
  306         (d) Develop projections of prison admissions and
  307  populations for elderly felony offenders.
  308         Section 4. Section 944.151, Florida Statutes, is amended to
  309  read:
  310         944.151 Safety and security of correctional institutions
  311  and facilities.—It is the intent of the Legislature that the
  312  Department of Corrections shall be responsible for the safe
  313  operation and security of the correctional institutions and
  314  facilities. The safe operation and security of the state’s
  315  correctional institutions and facilities is critical to ensure
  316  public safety and the safety of department employees and
  317  offenders and to contain violent and chronic offenders until
  318  offenders are otherwise released from the department’s custody
  319  pursuant to law. The Secretary of Corrections shall, at a
  320  minimum:
  321         (1) Appoint and designate select staff to the a safety and
  322  security review committee which shall, at a minimum, be composed
  323  of: the inspector general, the statewide security coordinator,
  324  the regional security coordinators, and three wardens and one
  325  correctional officer. The safety and security review committee
  326  shall evaluate new safety and security technology; review and
  327  discuss issues impacting correctional facilities; review and
  328  discuss current issues impacting correctional facilities; and
  329  review and discuss other issues as requested by management.:
  330         (a) Establish a periodic schedule for the physical
  331  inspection of buildings and structures of each state and private
  332  correctional institution to determine security deficiencies. In
  333  scheduling the inspections, priority shall be given to older
  334  institutions, institutions that house a large proportion of
  335  violent offenders, and institutions that have experienced a
  336  significant number of escapes or escape attempts in the past.
  337         (2)Ensure that appropriate staff establishes a periodic
  338  schedule for the physical inspection of buildings and structures
  339  of each state and private correctional institution and facility
  340  to determine safety and security deficiencies. In scheduling the
  341  inspections, priority shall be given to older institutions,
  342  institutions that house a large proportion of violent offenders,
  343  institutions with a high level of inappropriate incidents of use
  344  of force on inmates, assaults on employees, or inmate sexual
  345  abuse, and institutions that have experienced a significant
  346  number of escapes or escape attempts in the past.
  347         (a)(b)Ensure that appropriate staff conducts Conduct or
  348  causes cause to be conducted announced and unannounced
  349  comprehensive safety and security audits of all state and
  350  private correctional institutions. In conducting the security
  351  audits, priority shall be given to older institutions,
  352  institutions that house a large proportion of violent offenders,
  353  institutions with a high level of inappropriate incidents of use
  354  of force on inmates, assaults on employees, or inmate sexual
  355  abuse, and institutions that have experienced a history of
  356  escapes or escape attempts. At a minimum, the audit shall
  357  include an evaluation of the physical plant, which shall include
  358  the identification of blind spots or areas where staff or
  359  inmates may be isolated and the deployment of audio and video
  360  monitoring systems and other monitoring technologies in such
  361  areas, landscaping, fencing, security alarms and perimeter
  362  lighting, confinement, arsenal, key and lock, and entrance/exit
  363  and inmate classification and staffing policies. Each
  364  correctional institution shall be audited at least annually. The
  365  secretary shall
  366         (b) Report the general survey findings annually to the
  367  Governor and the Legislature.
  368         (c) Ensure appropriate staff investigates and evaluates the
  369  usefulness and dependability of existing safety and security
  370  technology at the institutions and new technology and video
  371  monitoring systems available and make periodic written
  372  recommendations to the secretary on the discontinuation or
  373  purchase of various safety and security devices.
  374         (d) Contract, if deemed necessary, with security personnel,
  375  consulting engineers, architects, or other safety and security
  376  experts the department deems necessary for safety and security
  377  consultant services.
  378         (e) Ensure appropriate staff, in conjunction with the
  379  regional offices, establishes a periodic schedule for conducting
  380  announced and unannounced escape simulation drills.
  381         (f) Adopt, enforce, and annually cause the evaluation of
  382  the emergency escape response procedures, which shall at a
  383  minimum include the immediate notification and inclusion of
  384  local and state law enforcement through mutual aid agreements.
  385         (g) Ensure appropriate staff reviews staffing policies,
  386  classification, and practices as needed.
  387         (3)(c) Adopt and enforce minimum safety and security
  388  standards and policies that include, but are not limited to:
  389         1. Random monitoring of outgoing telephone calls by
  390  inmates.
  391         2. Maintenance of current photographs of all inmates.
  392         3. Daily inmate counts at varied intervals.
  393         4. Use of canine units, where appropriate.
  394         5. Use of escape alarms and perimeter lighting.
  395         6. Florida Crime Information Center/National Crime
  396  Information Center capabilities.
  397         7. Employment background investigations.
  398         (d) Annually make written prioritized budget
  399  recommendations to the secretary that identify critical security
  400  deficiencies at major correctional institutions.
  401         (e) Investigate and evaluate the usefulness and
  402  dependability of existing security technology at the
  403  institutions and new technology available and make periodic
  404  written recommendations to the secretary on the discontinuation
  405  or purchase of various security devices.
  406         (f) Contract, if deemed necessary, with security personnel,
  407  consulting engineers, architects, or other security experts the
  408  committee deems necessary for security audits and security
  409  consultant services.
  410         (g) Establish a periodic schedule for conducting announced
  411  and unannounced escape simulation drills.
  412         (4)(2)Direct staff to maintain and produce quarterly
  413  reports with accurate escape statistics. For the purposes of
  414  these reports, “escape” includes all possible types of escape,
  415  regardless of prosecution by the state attorney, and including
  416  offenders who walk away from nonsecure community facilities.
  417         (3) Adopt, enforce, and annually evaluate the emergency
  418  escape response procedures, which shall at a minimum include the
  419  immediate notification and inclusion of local and state law
  420  enforcement through a mutual aid agreement.
  421         (5)(4)Direct staff to submit in the annual legislative
  422  budget request a prioritized summary of critical safety and
  423  security deficiencies, and repair and renovation security needs.
  424         Section 5. Paragraphs (d) and (e) of subsection (4) of
  425  section 944.275, Florida Statutes, are amended to read:
  426         944.275 Gain-time.—
  427         (4)
  428         (d) Notwithstanding paragraph (b) subparagraphs (b)1. and
  429  2., the education program manager shall recommend, and the
  430  Department of Corrections may grant, a one-time award of 60
  431  additional days of incentive gain-time to an inmate who is
  432  otherwise eligible and who successfully completes requirements
  433  for and is awarded a high school equivalency diploma or
  434  vocational certificate. This incentive gain-time award may be
  435  granted to reduce any sentence for an offense committed on or
  436  after October 1, 1995. However, this gain-time may not be
  437  granted to reduce any sentence for an offense committed on or
  438  after October 1, 1995, if the inmate is, or has previously been,
  439  convicted of a violation of s. 794.011, s. 794.05, former s.
  440  796.03, former s. 796.035, s. 800.04, s. 825.1025, s. 827.03, s.
  441  827.071, s. 847.0133, s. 847.0135, s. 847.0137, s. 847.0138, s.
  442  847.0145, or s. 985.701(1), or a forcible felony offense that is
  443  specified in s. 776.08, except burglary as specified in s.
  444  810.02(4). An inmate subject to the 85 percent minimum service
  445  requirement pursuant to subparagraph (b)3. may not accumulate
  446  gain-time awards at any point when the tentative release date is
  447  the same as the 85 percent minimum service date of the sentence
  448  imposed. Under no circumstances may an inmate receive more than
  449  60 days for educational attainment pursuant to this section.
  450         (e) Notwithstanding subparagraph (b)3. and paragraph (d),
  451  for sentences imposed for offenses committed on or after October
  452  1, 2014, the department may not grant incentive gain-time if the
  453  offense is a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2.
  454  or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s.
  455  794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
  456         Section 6. Section 944.31, Florida Statutes, is amended to
  457  read:
  458         944.31 Inspector general; inspectors; power and duties.—
  459         (1) The inspector general shall be responsible for prison
  460  inspection and investigation, internal affairs investigations,
  461  and management reviews. The office of the inspector general
  462  shall be charged with the duty of inspecting the penal and
  463  correctional systems of the state. The office of the inspector
  464  general shall inspect each correctional institution or any place
  465  in which state prisoners are housed, worked, or kept within the
  466  state, with reference to its physical conditions, cleanliness,
  467  sanitation, safety, and comfort; the quality and supply of all
  468  bedding; the quality, quantity, and diversity of food served and
  469  the manner in which it is served; the number and condition of
  470  the prisoners confined therein; and the general conditions of
  471  each institution. The office of inspector general shall see that
  472  all the rules and regulations issued by the department are
  473  strictly observed and followed by all persons connected with the
  474  correctional systems of the state. The office of the inspector
  475  general shall coordinate and supervise the work of inspectors
  476  throughout the state. The inspector general and inspectors may
  477  enter any place where prisoners in this state are kept and shall
  478  be immediately admitted to such place as they desire and may
  479  consult and confer with any prisoner privately and without
  480  molestation. The inspector general and inspectors shall be
  481  responsible for criminal and administrative investigation of
  482  matters relating to the Department of Corrections. The secretary
  483  may designate persons within the office of the inspector general
  484  as law enforcement officers to conduct any criminal
  485  investigation that occurs on property owned or leased by the
  486  department or involves matters over which the department has
  487  jurisdiction. A person designated as a law enforcement officer
  488  must be certified pursuant to s. 943.1395 and must have a
  489  minimum of 3 years’ experience as an inspector in the inspector
  490  general’s office or as a law enforcement officer.
  491         (2) The department, after consultation with the Florida
  492  Corrections Commission, shall maintain a written memorandum of
  493  understanding with the Department of Law Enforcement for the
  494  notification and investigation of mutually agreed-upon predicate
  495  events that shall include, but are not limited to, suspicious
  496  deaths and organized criminal activity. A copy of an active
  497  memorandum of understanding shall be provided in a timely manner
  498  to the Governor, the President of the Senate, and the Speaker of
  499  the House of Representatives.
  500         (3) During investigations, the inspector general and
  501  inspectors may consult and confer with any prisoner or staff
  502  member privately and without molestation and persons designated
  503  as law enforcement officers under this section shall have the
  504  authority to arrest, with or without a warrant, any prisoner of
  505  or visitor to a state correctional institution for a violation
  506  of the criminal laws of the state involving an offense
  507  classified as a felony that occurs on property owned or leased
  508  by the department and may arrest offenders who have escaped or
  509  absconded from custody. Persons designated as law enforcement
  510  officers have the authority to arrest with or without a warrant
  511  a staff member of the department, including any contract
  512  employee, for a violation of the criminal laws of the state
  513  involving an offense classified as a felony under this chapter
  514  or chapter 893 on property owned or leased by the department. A
  515  person designated as a law enforcement officer under this
  516  section may make arrests of persons against whom arrest warrants
  517  have been issued, including arrests of offenders who have
  518  escaped or absconded from custody. The arrested person shall be
  519  surrendered without delay to the sheriff of the county in which
  520  the arrest is made, with a formal complaint subsequently made
  521  against her or him in accordance with law.
  522         (4) The inspector general, and inspectors who conduct
  523  sexual abuse investigations in confinement settings, shall
  524  receive specialized training in conducting such investigations.
  525  The department shall be responsible for providing the
  526  specialized training. Specialized training shall include, but
  527  need not be limited to, techniques for interviewing sexual abuse
  528  victims, proper use of Miranda and Garrity warnings, sexual
  529  abuse evidence collection in confinement settings, and the
  530  criteria and evidence required to substantiate a case for
  531  administrative action or prosecution.
  532         Section 7. Section 944.331, Florida Statutes, is amended to
  533  read:
  534         944.331 Inmate grievance procedure.—
  535         (1) The department shall establish by rule an inmate
  536  grievance procedure, which that must conform to the Minimum
  537  Standards for Inmate Grievance Procedures as promulgated by the
  538  United States Department of Justice pursuant to 42 U.S.C. s.
  539  1997e. The department’s office of general counsel shall oversee
  540  the grievance procedures established by the department.
  541         (2) In establishing grievance procedures, the department
  542  shall provide multiple internal avenues for inmates to privately
  543  report sexual abuse and sexual harassment and any staff neglect
  544  of, or failure to perform, responsibilities which may have
  545  contributed to such incidents. The procedures must allow reports
  546  to be made in writing by third parties.
  547         (3) The department, in consultation with the Correctional
  548  Medical Authority, shall review inmate health care grievance
  549  procedures at each correctional institution and private
  550  correctional facility to determine the procedural soundness and
  551  effectiveness of the current health care grievance process, to
  552  identify employees prone to misconduct directly related to the
  553  delivery of health care services, and to identify life
  554  threatening inmate health concerns. The review shall determine
  555  whether inmate health care grievances are being properly
  556  reported, transmitted, and processed; inmates are allowed
  557  writing utensils and paper; multiple channels of communication
  558  exist to report alleged abuse related to the delivery of health
  559  care services; and protocols are being implemented to protect an
  560  inmate who filed a grievance concerning the delivery of health
  561  care from retaliation for filing a complaint alleging staff
  562  misconduct.
  563         (4) The department shall review inmate grievance procedures
  564  at each correctional institution and private correctional
  565  facility to determine the procedural soundness and effectiveness
  566  of the current grievance process, to identify employees prone to
  567  misconduct, and to identify life-threatening inmate safety
  568  concerns. The review shall determine whether inmate grievances
  569  are being properly reported, transmitted, and processed; inmates
  570  are allowed writing utensils and paper; multiple channels of
  571  communication exist to report alleged abuse; and protocols are
  572  being implemented to protect an inmate who filed a grievance
  573  from retaliation for filing a complaint alleging staff
  574  misconduct.
  575         (5) Beginning October 1, 2015, the department in
  576  consultation with the Correctional Medical Authority shall
  577  annually report, and post to their respective websites, their
  578  joint findings. The authority shall document in the report its
  579  findings on the effectiveness of inmate health care grievance
  580  procedures; cite the number of health care grievances filed by
  581  inmates, by institution and by region; specify the types of
  582  health care problems alleged by inmates; and summarize the
  583  actions taken by the department or the authority as a result of
  584  its investigation of inmate health care grievances.
  585         Section 8. Section 944.35, Florida Statutes, is amended to
  586  read:
  587         944.35 Authorized use of force; malicious battery and
  588  sexual misconduct prohibited; reporting required; penalties.—
  589         (1)(a) An employee of the department is authorized to apply
  590  physical force upon an inmate only when and to the extent that
  591  it reasonably appears necessary:
  592         1. To defend himself or herself or another against such
  593  other imminent use of unlawful force;
  594         2. To prevent a person from escaping from a state
  595  correctional institution when the officer reasonably believes
  596  that person is lawfully detained in such institution;
  597         3. To prevent damage to property;
  598         4. To quell a disturbance;
  599         5. To overcome physical resistance to a lawful command; or
  600         6. To administer medical treatment only by or under the
  601  supervision of a physician or his or her designee and only:
  602         a. When treatment is necessary to protect the health of
  603  other persons, as in the case of contagious or venereal
  604  diseases; or
  605         b. When treatment is offered in satisfaction of a duty to
  606  protect the inmate against self-inflicted injury or death.
  607  
  608  As part of the correctional officer training program, the
  609  Criminal Justice Standards and Training Commission shall develop
  610  a course specifically designed to explain the parameters of this
  611  subsection and to teach the proper methods and techniques in
  612  applying authorized physical force upon an inmate. Effective
  613  October 1, 2015, this course shall include specialized training
  614  for effectively managing in nonforceful ways mentally ill
  615  inmates who may exhibit erratic behavior.
  616         (b) Following any use of force, a qualified health care
  617  provider shall examine any person physically involved to
  618  determine the extent of injury, if any, and shall prepare a
  619  report which shall include, but not be limited to, a statement
  620  of whether further examination by a physician is necessary. The
  621  identity of the qualified health care provider on the report
  622  shall be designated by using an employee identification number
  623  in lieu of a name and signature. Any noticeable physical injury
  624  shall be examined by a physician, and the physician shall
  625  prepare a report documenting the extent and probable cause of
  626  the injury and the treatment prescribed. Such report shall be
  627  completed within 5 working days of the incident and shall be
  628  submitted to the warden for appropriate investigation.
  629         (c) Each institution shall create and maintain a system to
  630  track episodes involving the use of force to determine if
  631  inmates require subsequent physical or mental health treatment.
  632         (d) No later than October 1 of each year, the department
  633  shall post on the agency website a report documenting incidents
  634  involving the use of force during the previous fiscal year. The
  635  report shall include, but not be limited to:
  636         1. Descriptive statistics on the reason force was used and
  637  whether the use of force was deemed appropriate;
  638         2. Multi-year statistics documenting annual trends in the
  639  use of force;
  640         3.Statistical information on the level of inmate or
  641  officer injury, including death, in incidents involving the use
  642  of force;
  643         4. A breakdown, by institution, of statistics on use of
  644  force; and
  645         5. Statistics on the number of employees who were
  646  disciplined or terminated because of their involvement in
  647  incidents involving the inappropriate use of force, based on
  648  notations of such incidents in their personnel files.
  649         (2) Each employee of the department who either applies
  650  physical force or was responsible for making the decision to
  651  apply physical force upon an inmate or an offender supervised by
  652  the department in the community pursuant to this subsection
  653  shall prepare, date, and sign under oath an independent report
  654  within 1 working day of the incident. The report shall be
  655  delivered to the warden or the circuit administrator, who shall
  656  forward the report with all appropriate documentation to the
  657  office of the inspector general. The inspector general shall
  658  conduct a review and make recommendations regarding the
  659  appropriateness or inappropriateness of the use of force. If the
  660  inspector general finds that the use of force was appropriate,
  661  the employee’s report, together with the inspector general’s
  662  written determination of the appropriateness of the force used
  663  and the reasons therefor, shall be forwarded to the circuit
  664  administrator or warden upon completion of the review. If the
  665  inspector general finds that the use of force was inappropriate,
  666  the inspector general shall conduct a complete investigation
  667  into the incident and forward the findings of fact to the
  668  appropriate regional director for further action. Copies of the
  669  employee’s report and the inspector general’s review shall be
  670  kept in the files of the inmate or the offender supervised by
  671  the department in the community. A notation of each incident
  672  involving use of force and the outcome based on the inspector
  673  general’s evaluation shall be kept in the employee’s file. An
  674  employee with two or more notations in the employee’s file for
  675  inappropriate use of force incidents, as specified in s. 944.35,
  676  shall not be assigned to transitional care, crisis
  677  stabilization, or corrections mental health treatment facility
  678  inmate housing units as defined in Florida Administrative Code.
  679  However, an employee with two or more notations in the
  680  employee’s file who remains free of inappropriate use of force
  681  incidents, for a significant period may be permitted to work in
  682  the transitional care, crisis stabilization, or corrections
  683  mental health treatment facility inmate housing units.
  684         (3)(a)1. Any employee of the department, private provider,
  685  or private correctional facility who, with malicious intent,
  686  commits a battery upon an inmate or an offender supervised by
  687  the department in the community, commits a misdemeanor of the
  688  first degree, punishable as provided in s. 775.082 or s.
  689  775.083.
  690         2. Any employee of the department, private provider, or
  691  private correctional facility who, with malicious intent,
  692  commits a battery or inflicts cruel or inhuman treatment by
  693  neglect or otherwise, and in so doing causes great bodily harm,
  694  permanent disability, or permanent disfigurement to an inmate or
  695  an offender supervised by the department in the community,
  696  commits a felony of the third degree, punishable as provided in
  697  s. 775.082, s. 775.083, or s. 775.084.
  698         (b) As used in this paragraph, the termneglect of an
  699  inmate” means:
  700         1.A failure or omission on the part of an employee of the
  701  department, private provider, or private correctional facility,
  702  to:
  703         a. Provide an inmate with the care, supervision, and
  704  services necessary to maintain the inmate’s physical and mental
  705  health, including, but not limited to, food, nutrition,
  706  clothing, shelter, supervision, medicine, and medical services
  707  that a prudent person would consider essential for the well
  708  being of the inmate; or
  709         b.Make a reasonable effort to protect an inmate from
  710  abuse, neglect, or exploitation by another person.
  711         2.A determination of neglect of an inmate may be based on
  712  repeated conduct or on a single incident or omission that
  713  results in, or could reasonably be expected to result in,
  714  serious physical or psychological injury, or a substantial risk
  715  of death, to an inmate.
  716         3.An employee of the department, private provider, or
  717  private correctional facility who willfully or by culpable
  718  negligence neglects an inmate and in so doing causes great
  719  bodily harm, permanent disability, or permanent disfigurement to
  720  the inmate commits a felony of the second degree, punishable as
  721  provided in s. 775.082, s. 775.083, or s. 775.084.
  722         4.Any employee of the department, private provider, or
  723  private correctional facility who willfully or by culpable
  724  negligence neglects an elderly or disabled inmate without
  725  causing great bodily harm, permanent disability, or permanent
  726  disfigurement to the inmate commits a felony of the third
  727  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  728  775.084.
  729         (c)(b)1. As used in this paragraph, the term “sexual
  730  misconduct” means the oral, anal, or vaginal penetration by, or
  731  union with, the sexual organ of another or the anal or vaginal
  732  penetration of another by any other object, but does not include
  733  an act done for a bona fide medical purpose or an internal
  734  search conducted in the lawful performance of the employee’s
  735  duty.
  736         2. Any employee of the department or a private correctional
  737  facility as defined in s. 944.710 who engages in sexual
  738  misconduct with an inmate or an offender supervised by the
  739  department in the community, without committing the crime of
  740  sexual battery, commits a felony of the third degree, punishable
  741  as provided in s. 775.082, s. 775.083, or s. 775.084.
  742         3. The consent of the inmate or offender supervised by the
  743  department in the community to any act of sexual misconduct may
  744  not be raised as a defense to a prosecution under this
  745  paragraph.
  746         4. This paragraph does not apply to any employee of the
  747  department or any employee of a private correctional facility
  748  who is legally married to an inmate or an offender supervised by
  749  the department in the community, nor does it apply to any
  750  employee who has no knowledge, and would have no reason to
  751  believe, that the person with whom the employee has engaged in
  752  sexual misconduct is an inmate or an offender under community
  753  supervision of the department.
  754         (d)(c) Notwithstanding prosecution, any violation of the
  755  provisions of this subsection, as determined by the Public
  756  Employees Relations Commission, shall constitute sufficient
  757  cause under s. 110.227 for dismissal from employment with the
  758  department, and such person shall not again be employed in any
  759  capacity in connection with the correctional system.
  760         (e)(d) Each employee who witnesses, or has reasonable cause
  761  to suspect, that an inmate or an offender under the supervision
  762  of the department in the community has been unlawfully abused or
  763  is the subject of sexual misconduct pursuant to this subsection
  764  shall immediately prepare, date, and sign an independent report
  765  specifically describing the nature of the force used or the
  766  nature of the sexual misconduct, the location and time of the
  767  incident, and the persons involved. The report shall be
  768  delivered to the inspector general of the department with a copy
  769  to be delivered to the warden of the institution or the regional
  770  administrator. The inspector general shall immediately conduct
  771  an appropriate investigation, and, if probable cause is
  772  determined that a violation of this subsection has occurred, the
  773  respective state attorney in the circuit in which the incident
  774  occurred shall be notified.
  775         (f) If an employee of the department, private provider, or
  776  private correctional facility who witnesses unlawful abuse or
  777  neglect or has reasonable cause to suspect that an inmate has
  778  been unlawfully abused or neglected, as the term “neglected” is
  779  defined in paragraph (b), fears retaliation by coworkers or
  780  supervisors if he or she submits a report as provided in
  781  paragraph (e), the employee may anonymously and confidentially
  782  report the inmate abuse or neglect directly to the department’s
  783  Office of Inspector General.
  784         (4)(a) Any employee required to report pursuant to this
  785  section who knowingly or willfully fails to do so, or who
  786  knowingly or willfully prevents another person from doing so,
  787  commits a misdemeanor of the first degree, punishable as
  788  provided in s. 775.082 or s. 775.083.
  789         (b) Any person who knowingly or willfully submits
  790  inaccurate, incomplete, or untruthful information with regard to
  791  reports required in this section commits a misdemeanor of the
  792  first degree, punishable as provided in s. 775.082 or s.
  793  775.083.
  794         (c) Any person who knowingly or willfully coerces or
  795  threatens any other person with the intent to alter either
  796  testimony or a written report regarding an incident where force
  797  was used or an incident of sexual misconduct commits a felony of
  798  the third degree, punishable as provided in s. 775.082, s.
  799  775.083, or s. 775.084.
  800  
  801  As part of the correctional officer training program, the
  802  Criminal Justice Standards and Training Commission shall develop
  803  course materials for inclusion in the appropriate required
  804  course specifically designed to explain the parameters of this
  805  subsection, teach communication techniques related to crisis
  806  stabilization to avoid the use of force, and to teach sexual
  807  assault identification and prevention methods and techniques.
  808         (5) The department shall establish a policy to protect from
  809  retaliation inmates and employees who report physical or sexual
  810  abuse. This policy shall establish multiple protective measures
  811  for both inmates and employees relating to the reporting of
  812  abuse as well as designate a method of monitoring follow up.
  813         (6) The department shall establish a usage and inventory
  814  policy to track, by institution, the use of chemical agents and
  815  the disposal of expired, used, or damaged canisters of chemical
  816  agents. The policy shall include, but not be limited to, a
  817  requirement that a numbered seal be affixed to each chemical
  818  agent canister in such a manner that the canister cannot be
  819  removed from the carrier without breaking the seal. All
  820  canisters in the carriers will be checked out at the beginning
  821  of each shift and checked back in at the end of the shift. The
  822  shift supervisor should be charged with verifying the condition
  823  of the numbered seals and periodically weighing random canisters
  824  to insure that they have not been used without the required
  825  documentation.
  826         Section 9. Section 944.8041, Florida Statutes, is amended
  827  to read:
  828         944.8041 Elderly offenders; annual review.—
  829         (1) For the purpose of providing information to the
  830  Legislature on elderly offenders within the correctional system,
  831  the department and the Correctional Medical Authority shall each
  832  submit annually a report on the status and treatment of elderly
  833  offenders in the state-administered and private state
  834  correctional systems and the department’s geriatric facilities
  835  and dorms. In order to adequately prepare the reports, the
  836  department and the Department of Management Services shall grant
  837  access to the Correctional Medical Authority that includes
  838  access to the facilities, offenders, and any information the
  839  agencies require to complete their reports. The review shall
  840  also include an examination of promising geriatric policies,
  841  practices, and programs currently implemented in other
  842  correctional systems within the United States. The reports, with
  843  specific findings and recommendations for implementation, shall
  844  be submitted to the President of the Senate and the Speaker of
  845  the House of Representatives on or before December 31 of each
  846  year.
  847         (2) The department, in producing the annual report required
  848  under s. 20.315, shall report the cost of health care provided
  849  to elderly inmates. The report shall include, but need not be
  850  limited to, the average cost per year to incarcerate an elderly
  851  inmate and the types of health care delivered to elderly inmates
  852  which result in the highest expenditures.
  853         Section 10. Section 944.805, Florida Statutes, is created
  854  to read:
  855         944.805 Veterans programs in state and private correctional
  856  institutions.—
  857         (1) The Legislature finds and declares that specialized
  858  programs for veterans offered in state and private correctional
  859  institutions have the potential to facilitate inmate
  860  institutional adjustment, help inmates assume personal
  861  responsibility, and ease community reentry through the
  862  availability of expanded community resources. For the purposes
  863  of this section, the term “veteran” has the same meaning as it
  864  is defined in s. 1.01(14).
  865         (2) It is the intent of the Legislature that the department
  866  expand the use of specialized dormitories for veterans. It is
  867  also the intent of the Legislature that veterans housed in state
  868  and private correctional institutions be provided special
  869  assistance before their release by identifying benefits and
  870  services available in the community where the veteran plans to
  871  reside.
  872         (3) The department shall measure recidivism rates for
  873  veterans who have participated in specialized dormitories and
  874  for veterans who have received special assistance in community
  875  reentry. The findings shall be included in the annual report
  876  required under s. 20.315.
  877         Section 11. Effective upon SB 540 or similar legislation
  878  creating the “State Operated Institutions Inmate Welfare Trust
  879  Fund” being adopted in the 2015 Regular Session or an extension
  880  thereof and becoming law, subsection (1) of section 945.215,
  881  Florida Statutes, is amended, present subsections (2) and (3)
  882  are redesignated as subsections (3) and (4), respectively, and a
  883  new subsection (2) is added to that section to read:
  884         945.215 Inmate welfare and employee benefit trust funds.—
  885         (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS; STATE
  886  OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.—
  887         (a) The From the net proceeds from operating inmate
  888  canteens, vending machines used primarily by inmates and
  889  visitors, hobby shops, and other such facilities must be
  890  deposited in the State Operated Institutions Inmate Welfare
  891  Trust Fund or, as set forth in this section, in the General
  892  Revenue Fund; however, funds necessary to purchase items for
  893  resale at inmate canteens and vending machines must be deposited
  894  into local bank accounts designated by the department.
  895         (b) All proceeds from contracted telephone commissions must
  896  be deposited in the State Operated Institutions Inmate Welfare
  897  Trust Fund or, as set forth in this section, in the General
  898  Revenue Fund. The department shall develop and update, as
  899  necessary, administrative procedures to verify that:
  900         1. Contracted telephone companies accurately record and
  901  report all telephone calls made by inmates incarcerated in
  902  correctional facilities under the department’s jurisdiction;
  903         2. Persons who accept collect calls from inmates are
  904  charged the contracted rate; and
  905         3. The department receives the contracted telephone
  906  commissions.
  907         (c) Any funds that may be assigned by inmates or donated to
  908  the department by the general public or an inmate service
  909  organization must be deposited in the State Operated
  910  Institutions Inmate Welfare Trust Fund or, as set forth in this
  911  section, in the General Revenue Fund; however, the department
  912  shall not accept any donation from, or on behalf of, any
  913  individual inmate.
  914         (d) All proceeds from the following sources must be
  915  deposited in the State Operated Institutions Inmate Welfare
  916  Trust Fund or, as set forth in this section, in the General
  917  Revenue Fund:
  918         1. The confiscation and liquidation of any contraband found
  919  upon, or in the possession of, any inmate;
  920         2. Disciplinary fines imposed against inmates;
  921         3. Forfeitures of inmate earnings; and
  922         4. Unexpended balances in individual inmate trust fund
  923  accounts of less than $1.
  924         (e) Items for resale at inmate canteens and vending
  925  machines maintained at the correctional facilities shall be
  926  priced comparatively with like items for retail sale at fair
  927  market prices.
  928         (f) Notwithstanding any other provision of law, inmates
  929  with sufficient balances in their individual inmate bank trust
  930  fund accounts, after all debts against the account are
  931  satisfied, shall be allowed to request a weekly draw of up to an
  932  amount set by the Secretary of Corrections, not to exceed $100,
  933  to be expended for personal use on canteen and vending machine
  934  items.
  935         (2)(a) The State Operated Institutions Inmate Welfare Trust
  936  Fund constitutes a trust held by the department for the benefit
  937  and welfare of inmates incarcerated in correctional facilities
  938  operated directly by the department.
  939         (b) Deposits into the State Operated Institutions Inmate
  940  Welfare Trust Fund shall not exceed a total of $5 million in any
  941  fiscal year. Any proceeds or funds that would cause deposits
  942  into the State Operated Institutions Inmate Welfare Trust Fund
  943  to exceed this restriction shall be deposited into the General
  944  Revenue Fund.
  945         (c) Funds in the State Operated Institutions Inmate Welfare
  946  Trust Fund shall be used exclusively for the following purposes
  947  at correctional facilities operated by the department:
  948         1. To provide literacy programs, vocational training
  949  programs, and educational programs;
  950         2. To operate inmate chapels, faith-based programs,
  951  visiting pavilions, visiting services and programs, family
  952  services and programs, and libraries;
  953         3. To provide inmate substance abuse treatment programs and
  954  transition and life skills training programs;
  955         4. To provide for the purchase, rental, maintenance or
  956  repair of electronic or audio visual equipment used by inmates;
  957  or
  958         5. To provide for the purchase, rental, maintenance or
  959  repair of recreation and wellness equipment.
  960         6. To provide for the purchase, rental, maintenance, or
  961  repair of bicycles used by inmates traveling to and from
  962  employment in the work-release program authorized in s.
  963  945.091(1)(b).
  964         (d)Funds in the State Operated Institutions Inmate Welfare
  965  Trust Fund shall be expended only pursuant to legislative
  966  appropriation.
  967         (e) The department shall annually compile a report that
  968  specifically documents State Operated Institutions Inmate
  969  Welfare Trust Fund receipts and expenditures. This report shall
  970  be compiled at both the statewide and institutional levels. The
  971  department must submit this report for the previous fiscal year
  972  by September 1 of each year to the chairs of the appropriate
  973  substantive and fiscal committees of the Senate and the House of
  974  Representatives and to the Executive Office of the Governor.
  975         (f) Funds in the State Operated Institutions Inmate Welfare
  976  Trust Fund or any other fund may not be used to purchase weight
  977  training equipment.
  978         Section 12. Subsection (7) is added to section 945.48,
  979  Florida Statutes, to read:
  980         945.48 Rights of inmates provided mental health treatment;
  981  procedure for involuntary treatment; correctional officer
  982  staffing requirements.—
  983         (7) CORRECTIONAL OFFICER STAFFING.—A correctional officer
  984  who has close contact with inmates housed in a mental health
  985  treatment facility shall annually complete training in crisis
  986  intervention. An employee with two or more notations in the
  987  employee’s file for inappropriate use of force incidents, as
  988  specified in s. 944.35, may not be assigned to transitional
  989  care, crisis stabilization, or corrections mental health
  990  treatment facility inmate housing units as defined in Florida
  991  Administrative Code. However, an employee with two or more
  992  notations in the employee’s file who remains free of
  993  inappropriate use of force incidents, for a significant period
  994  may be permitted to work in the transitional care, crisis
  995  stabilization, or corrections mental health treatment facility
  996  inmate housing units.
  997         Section 13. Subsection (2) of section 945.6031, Florida
  998  Statutes, is amended to read:
  999         945.6031 Required reports and surveys.—
 1000         (2) The authority shall conduct surveys of the physical and
 1001  mental health care system at each correctional institution at
 1002  least every 18 months triennially and shall report the survey
 1003  findings for each institution to the Secretary of Corrections.
 1004         Section 14. Section 945.6033, Florida Statutes, is amended
 1005  to read:
 1006         945.6033 Continuing contracts with health care providers.—
 1007         (1) The Department of Corrections may enter into continuing
 1008  contracts with licensed health care providers, including
 1009  hospitals and health maintenance organizations, for the
 1010  provision of inmate health care services which the department is
 1011  unable to provide in its facilities.
 1012         (2) The Department of Corrections, in negotiating contracts
 1013  for the delivery of inmate health care, shall only enter into
 1014  contracts which contain damage provisions.
 1015         Section 15. Subsection (1) of section 945.6034, Florida
 1016  Statutes, is amended to read:
 1017         945.6034 Minimum health care standards.—
 1018         (1) The Assistant Secretary for Health Services is
 1019  responsible for developing a comprehensive health care delivery
 1020  system and promulgating all department health care standards.
 1021  Such health care standards shall include, but are not limited
 1022  to, rules relating to the management structure of the health
 1023  care system and the provision of health care services to
 1024  inmates, health care policies, health care plans, quality
 1025  management systems and procedures, health service bulletins, and
 1026  treatment protocols. In establishing standards of care, the
 1027  department shall examine and consider the needs of inmates over
 1028  50 years of age and adopt health care standards unique to this
 1029  population.
 1030         Section 16. Section 945.6039, Florida Statutes, is created
 1031  to read:
 1032         945.6039 Independent Medical Evaluations and Examinations.—
 1033         (1) The department shall promulgate rules and permit an
 1034  inmate’s family member, lawyer, or interested party to hire and
 1035  pay for an independent medical evaluation or examination by a
 1036  medical professional of an incarcerated inmate. The results of
 1037  the medical evaluation or examination shall be provided to the
 1038  department and to the Commission on Offender Review. The purpose
 1039  of these outside evaluations is to assist in the delivery of
 1040  medical care to the inmate and to assist the Commission on
 1041  Offender Review in considering an inmate for conditional medical
 1042  release. Inmates at all department facilities and the contracted
 1043  private correctional facilities are eligible for consideration
 1044  to arrange for these medical evaluations. The department’s
 1045  contracted private health care providers may also provide such
 1046  medical evaluations. The department, the private correctional
 1047  facilities, and private health care providers shall provide
 1048  reasonable and timely access to the inmate once a family member,
 1049  lawyer, or interested party provides a written request for
 1050  access.
 1051         Section 17. Present paragraphs (a) and (b) of subsection
 1052  (1) of section 947.149, Florida Statutes, are redesignated as
 1053  paragraphs (b) and (c), respectively, and a new paragraph (a) is
 1054  added to that subsection, to read:
 1055         947.149 Conditional medical release.—
 1056         (1) The commission shall, in conjunction with the
 1057  department, establish the conditional medical release program.
 1058  An inmate is eligible for consideration for release under the
 1059  conditional medical release program when the inmate, because of
 1060  an existing medical or physical condition, is determined by the
 1061  department to be within one of the following designations:
 1062         (a) “Elderly and infirm inmate,” which means an inmate who
 1063  has no current or prior convictions for capital or first degree
 1064  felonies, who has no current or prior convictions for sexual
 1065  offenses or offenses against children, who is over 70 years of
 1066  age, and who has a condition caused by injury, disease, or
 1067  illness which, to a reasonable degree of medical certainty,
 1068  renders the inmate infirm or physically impaired to the extent
 1069  that the inmate does not constitute a danger to himself or
 1070  herself or others.
 1071         Section 18. Paragraph (c) of subsection (7) of section
 1072  921.0021, Florida Statutes, is amended to read:
 1073         921.0021 Definitions.—As used in this chapter, for any
 1074  felony offense, except any capital felony, committed on or after
 1075  October 1, 1998, the term:
 1076         (7)
 1077         (c) The sentence points provided under s. 921.0024 for
 1078  sexual contact or sexual penetration may not be assessed for a
 1079  violation of s. 944.35(3)(c)2. s. 944.35(3)(b)2.
 1080         Section 19. Subsection (5) of section 948.10, Florida
 1081  Statutes, is amended to read:
 1082         948.10 Community control programs.—
 1083         (5) In its annual report to the Governor, the President of
 1084  the Senate, and the Speaker of the House of Representatives
 1085  under s. 20.315(6) s. 20.315(5), the department shall include a
 1086  detailed analysis of the community control program and the
 1087  department’s specific efforts to protect the public from
 1088  offenders placed on community control. The analysis must
 1089  include, but need not be limited to, specific information on the
 1090  department’s ability to meet minimum officer-to-offender contact
 1091  standards, the number of crimes committed by offenders on
 1092  community control, and the level of community supervision
 1093  provided.
 1094         Section 20. Subsection (1) of section 951.221, Florida
 1095  Statutes, is amended to read:
 1096         951.221 Sexual misconduct between detention facility
 1097  employees and inmates; penalties.—
 1098         (1) Any employee of a county or municipal detention
 1099  facility or of a private detention facility under contract with
 1100  a county commission who engages in sexual misconduct, as defined
 1101  in s. 944.35(3)(c)1. s. 944.35(3)(b)1., with an inmate or an
 1102  offender supervised by the facility without committing the crime
 1103  of sexual battery commits a felony of the third degree,
 1104  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1105  The consent of an inmate to any act of sexual misconduct may not
 1106  be raised as a defense to prosecution under this section.
 1107         Section 21. Paragraph (uu) of subsection (2) of s. 435.04
 1108  and paragraph (f) of subsection (3) of s. 921.0022, Florida
 1109  Statutes, are reenacted for the purpose of incorporating the
 1110  amendment made by this act to s. 944.35, Florida Statutes, in
 1111  references thereto.
 1112         Section 22. Subsection (1) of s. 944.72, subsection (1) of
 1113  s. 945.21501, and s. 945.2151, Florida Statutes, are reenacted
 1114  for the purpose of incorporating the amendment made by this act
 1115  to s. 945.215, Florida Statutes, in references thereto.
 1116         Section 23. Subsection (6) of s. 945.6035, Florida Statues,
 1117  is reenacted for the purpose of incorporating the amendment made
 1118  by this act to s. 945.6031, Florida Statutes, in a reference
 1119  thereto.
 1120         Section 24. Except as otherwise provided in this act, this
 1121  act shall take effect July 1, 2015.