Florida Senate - 2015                             CS for SB 7020
       
       
        
       By the Committees on Appropriations; and Criminal Justice
       
       
       
       
       
       576-02497A-15                                         20157020c1
    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 Justice
    6         Administrative Commission; providing for membership
    7         and terms of appointment for commission members;
    8         prescribing duties and responsibilities of the
    9         commission; prohibiting the commission from entering
   10         into the department’s operation; establishing meeting
   11         and notice requirements; requiring the commission to
   12         appoint an executive director; authorizing
   13         reimbursement of per diem and travel expenses for
   14         commission members; prohibiting certain conflicts of
   15         interest among commission members; providing for
   16         applicability; amending s. 216.136, F.S.; requiring
   17         the Criminal Justice Estimating Conference to develop
   18         projections of prison admissions and populations for
   19         elderly felony offenders; amending s. 921.0021, F.S.;
   20         revising the definition of “victim injury” by removing
   21         a prohibition on assessing certain victim injury
   22         sentence points for sexual misconduct by an employee
   23         of the Department of Corrections or a private
   24         correctional facility with an inmate or an offender
   25         supervised by the department; conforming a provision
   26         to changes made by the act; amending s. 944.151, F.S.;
   27         expanding the department’s security review committee
   28         functions; ensuring physical inspections of state and
   29         private buildings and structures and prioritizing
   30         institutions for inspection that meet certain
   31         criteria; amending s. 944.275, F.S.; prohibiting an
   32         inmate from receiving incentive gain-time credits for
   33         completing the requirements for and receiving a
   34         general educational development certificate or
   35         vocational certificate if the inmate was convicted of
   36         a specified offense on or after a specified date;
   37         amending s. 944.31, F.S.; requiring that a copy of a
   38         written memorandum of understanding for notification
   39         and investigation of certain events between the
   40         Department of Corrections and the Department of Law
   41         Enforcement be provided in a timely manner to the
   42         Governor, the President of the Senate, and the Speaker
   43         of the House of Representatives; requiring specialized
   44         training in certain circumstances; amending s.
   45         944.331, F.S.; requiring the Department of Corrections
   46         to provide multiple private, internal avenues for the
   47         reporting by inmates of sexual abuse and sexual
   48         harassment; requiring the department, in consultation
   49         with the Correctional Medical Authority, to review
   50         inmate health care grievance procedures at each
   51         correctional institution and private correctional
   52         facility; requiring the department to review inmate
   53         grievance procedures at each correctional institution
   54         and private correctional facility; amending s. 944.35,
   55         F.S.; requiring that correctional officers have
   56         specialized training in the effective, nonforceful
   57         management of mentally ill inmates who may exhibit
   58         erratic behavior; requiring each institution to create
   59         and maintain a system to track the use of force
   60         episodes to determine if inmates need subsequent
   61         physical or mental health treatment; requiring annual
   62         reporting of use of force on the agency website;
   63         requiring that reports of physical force be signed
   64         under oath; prohibiting employees with notations
   65         regarding incidents involving the inappropriate use of
   66         force from being assigned to transitional care, crisis
   67         stabilization, or corrections mental health treatment
   68         facility housing; providing an exception; expanding
   69         applicability of a current felony offense to include
   70         certain employees of private providers and private
   71         correctional facilities; defining the term “neglect of
   72         an inmate”; providing for the determination of neglect
   73         of an inmate; creating criminal penalties for certain
   74         employees who neglect an inmate in specified
   75         circumstances; providing for anonymous reporting of
   76         inmate abuse directly to the department’s Office of
   77         Inspector General; requiring that instruction on
   78         communication techniques related to crisis
   79         stabilization to avoid use of force be included in the
   80         correctional officer training program; directing the
   81         department to establish policies to protect inmates
   82         and employees from retaliation; requiring the
   83         department to establish policies relating to the use
   84         of chemical agents; amending s. 944.8041, F.S.;
   85         requiring the department to report health care costs
   86         for elderly inmates in its annual report; creating s.
   87         944.805, F.S.; providing legislative intent relating
   88         to specialized programs for veterans; requiring the
   89         department to measure recidivism and report its
   90         finding in that regard; amending s. 945.10, F.S.;
   91         authorizing the release of certain confidential and
   92         exempt information to the Florida Corrections
   93         Commission; amending s. 945.215, F.S.; requiring that
   94         specified proceeds and certain funds be deposited in
   95         the State Operated Institutions Inmate Welfare Trust
   96         Fund; providing that the State Operated Institutions
   97         Inmate Welfare Trust Fund is a trust held by the
   98         Department of Corrections for the benefit and welfare
   99         of certain inmates; prohibiting deposits into the
  100         trust fund from exceeding $5 million per fiscal year;
  101         requiring that deposits in excess of that amount be
  102         deposited into the General Revenue Fund; requiring
  103         that funds of the trust fund be used exclusively for
  104         specified purposes at correctional facilities operated
  105         by the department; requiring that funds from the trust
  106         fund only be expended pursuant to legislative
  107         appropriations; requiring the department to annually
  108         compile a report, at the statewide and institutional
  109         level documenting trust fund receipts and
  110         expenditures; requiring that the report be submitted
  111         by September 1 for the previous fiscal year to
  112         specified offices of the Legislature and to the
  113         Executive Office of the Governor; prohibiting the
  114         purchase of weight-training equipment; providing a
  115         contingent effective date; amending s. 945.48, F.S.;
  116         specifying correctional officer staffing requirements
  117         pertaining to inmates housed in mental health
  118         treatment facilities; amending s. 945.6031, F.S.;
  119         changing the frequency of required surveys; amending
  120         s. 945.6033, F.S.; providing for damages in inmate
  121         health care contracts; amending s. 945.6034, F.S.;
  122         requiring the department to consider the needs of
  123         inmates over 50 years of age and adopt health care
  124         standards for that population; creating s. 945.6039;
  125         F.S.; allowing an inmate’s family, lawyer, and other
  126         interested parties to hire and pay for an independent
  127         medical evaluation; specifying the purpose for outside
  128         evaluations; requiring the department to provide
  129         reasonable and timely access to the inmate; amending
  130         s. 947.149, F.S.; defining the term “elderly and
  131         infirm inmate”; expanding eligibility for conditional
  132         medical release to include elderly and infirm inmates;
  133         amending ss. 948.10 and 951.221, F.S.; conforming
  134         cross-references to changes made by the act; providing
  135         for applicability; reenacting ss. 435.04(2)(uu) and
  136         921.0022(3)(f), F.S., relating to level 2 screening
  137         standards and the Criminal Punishment Code and offense
  138         severity ranking chart, respectively, to incorporate
  139         the amendment made to s. 944.35, F.S., in references
  140         thereto; reenacting ss. 944.72(1), 945.21501(1), and
  141         945.2151, F.S., relating to the Privately Operated
  142         Institutions Inmate Welfare Trust Fund, the Employee
  143         Benefit Trust Fund, and the verification of social
  144         security numbers, respectively, to incorporate the
  145         amendment made to s. 945.215, F.S., in references
  146         thereto; providing for appropriations to the
  147         Corrections Commission; providing for appropriations
  148         to the Correctional Medical Authority; providing for
  149         appropriations to the Department of Corrections;
  150         providing effective dates.
  151          
  152  Be It Enacted by the Legislature of the State of Florida:
  153  
  154         Section 1. Subsection (3) of section 20.315, Florida
  155  Statutes, is amended, present subsections (4) through (12) of
  156  that section are redesignated as subsections (5) through (13),
  157  respectively, and a new subsection (4) is added to that section,
  158  to read:
  159         20.315 Department of Corrections.—There is created a
  160  Department of Corrections.
  161         (3) SECRETARY OF CORRECTIONS.—The head of the Department of
  162  Corrections is the Secretary of Corrections. The secretary shall
  163  be is appointed by the Governor with the concurrence of three
  164  members of the Cabinet, subject to confirmation by the Senate,
  165  and shall serve at the pleasure of the Governor and Cabinet. The
  166  secretary is responsible for planning, coordinating, and
  167  managing the corrections system of the state. The secretary
  168  shall ensure that the programs and services of the department
  169  are administered in accordance with state and federal laws,
  170  rules, and regulations, with established program standards, and
  171  consistent with legislative intent. The secretary shall identify
  172  the need for and recommend funding for the secure and efficient
  173  operation of the state correctional system.
  174         (a) The secretary shall appoint a deputy secretary. The
  175  deputy secretary shall be directly responsible to the secretary
  176  and shall serve at the pleasure of the secretary.
  177         (b) The secretary shall appoint a general counsel and an
  178  inspector general, who are exempt from part II of chapter 110
  179  and are included in the Senior Management Service.
  180         (c) The secretary may appoint assistant secretaries,
  181  directors, or other such persons that he or she deems are
  182  necessary to accomplish the mission and goals of the department,
  183  including, but not limited to, the following areas of program
  184  responsibility:
  185         1. Security and institutional operations, which shall
  186  provide inmate work programs, offender programs, security
  187  administration, emergency operations response, and operational
  188  oversight of the regions.
  189         2. Health services, which shall be headed by a physician
  190  licensed under chapter 458 or an osteopathic physician licensed
  191  under chapter 459, or a professionally trained health care
  192  administrator with progressively responsible experience in
  193  health care administration. This individual shall be responsible
  194  for the delivery of health services to offenders within the
  195  system and shall have direct professional authority over such
  196  services.
  197         3. Community corrections, which shall provide for
  198  coordination of community alternatives to incarceration and
  199  operational oversight of community corrections regions.
  200         4. Administrative services, which shall provide budget and
  201  accounting services within the department, including the
  202  construction and maintenance of correctional institutions, human
  203  resource management, research, planning and evaluation, and
  204  technology.
  205         5. Program, transition, and postrelease services, which
  206  shall provide for the direct management and supervision of all
  207  departmental programs, including the coordination and delivery
  208  of education and job training to the offenders in the custody of
  209  the department. In addition, this program shall provide for the
  210  direct management and supervision of all programs that furnish
  211  transition assistance to inmates who are or have recently been
  212  in the custody of the department, including the coordination,
  213  facilitation, and contract management of prerelease and
  214  postrelease transition services provided by governmental and
  215  private providers, including faith-based service groups.
  216         (4) FLORIDA CORRECTIONS COMMISSION.—The Florida Corrections
  217  Commission is created. The commission is assigned to the Justice
  218  Administrative Commission for administrative and fiscal
  219  accountability purposes, but it shall otherwise function
  220  independently of the control, supervision, and direction of the
  221  Justice Administrative Commission. The primary focus of the
  222  Florida Corrections Commission shall be on matters relating to
  223  corrections with an emphasis on the safe and effective
  224  operations of major correctional institutions. However, in
  225  instances in which the policies of other components of the
  226  criminal justice system affect corrections, the commission shall
  227  advise and make recommendations.
  228         (a) The commission shall consist of nine members appointed
  229  by the Governor and subject to confirmation by the Senate. The
  230  initial members of the commission shall be appointed by October
  231  1, 2015. Members of the commission shall be appointed for terms
  232  of 4 years. However, to achieve staggered terms, four of the
  233  initial members shall be appointed to 2-year terms. Members must
  234  be appointed in a manner that ensures equitable representation
  235  of different geographic regions of this state. Each member of
  236  the commission must be a resident and a registered voter of this
  237  state. A commission member must represent the state as a whole
  238  and may not subordinate the needs of the state to those of a
  239  particular region. The commission’s membership should, to the
  240  greatest extent possible, include a person with a background in
  241  law enforcement or jail management, a person with a background
  242  in criminal prosecution, a person with a background in criminal
  243  defense, a pastor or former prison chaplain, a community leader,
  244  and a business leader.
  245         (b) The primary duties and responsibilities of the Florida
  246  Corrections Commission include:
  247         1. Conducting investigations, internal affairs
  248  investigations, and criminal investigations.
  249         2. Conducting announced and unannounced inspections of
  250  correctional facilities, including facilities operated by
  251  private contractors. The commission may enter any place where
  252  prisoners in this state are kept and shall be immediately
  253  admitted to such place as they desire and may consult and confer
  254  with any prisoner privately and without molestation.
  255         3. Identifying and monitoring high-risk and problematic
  256  correctional facilities, and reporting findings and
  257  recommendations relating to such facilities.
  258         4. Continually monitoring on a statewide basis the
  259  incidence of inmate-on-inmate and officer-on-inmate violence and
  260  the introduction of contraband.
  261         5. Submitting an annual report to the Governor, the
  262  President of the Senate, and the Speaker of the House of
  263  Representatives by each November 1, beginning in 2016.
  264         6. Developing legislative, budgetary, and operational
  265  recommendations for correctional system improvement.
  266         7. Reviewing the annual Legislative Budget Request of the
  267  department and making recommendations and comments on such
  268  budgetary request to the Governor.
  269         8. Convening public hearings, for which the commission is
  270  authorized to issue subpoenas and take sworn testimony of
  271  witnesses.
  272         9. Conducting confidential interviews with staff, officers,
  273  inmates, correctional health care professionals, citizens,
  274  volunteers, and public officials relating to the operations and
  275  conditions of correctional facilities.
  276         10. Developing and implementing a set of standards and
  277  performance measures which establishes an accountability system
  278  that allows each correctional institution or facility to be
  279  individually measured annually for performance. The standards
  280  and measures shall be primarily focused on inmate achievement,
  281  inmate institutional adjustment, safe and secure prison
  282  operations, officer safety, officer training, and inmate safety.
  283  The Florida Corrections Commission shall maintain an
  284  accountability system that tracks the department’s progress
  285  toward meeting specified goals at both regional and
  286  institutional levels.
  287         (c) The commission may not enter into the day-to-day
  288  operation of the department, but may conduct investigations.
  289         (d) The commission shall hold a minimum of six regular
  290  meetings annually. A majority of the membership of the
  291  commission constitutes a quorum at any meeting of the
  292  commission. The chair shall be elected from the commission’s
  293  membership. The chair shall direct that complete and accurate
  294  minutes be kept of all commission meetings, which shall be open
  295  for public inspection. Additional meetings may be held upon the
  296  written request of at least four members, with at least 1 week’s
  297  notice of such meeting being given to all members and the public
  298  by the chair pursuant to chapter 120. Emergency meetings may be
  299  held without notice upon request of all members. Meetings of the
  300  commission shall be held at major correctional facilities around
  301  the state as determined by the chair.
  302         (e) The commission shall appoint an executive director who
  303  shall serve under the direction, supervision, and control of the
  304  commission. The executive director, with consent of the
  305  commission, shall employ staff as necessary to adequately
  306  perform the functions of the commission.
  307         (f) Commission members shall serve without compensation but
  308  are entitled to receive reimbursement for per diem and travel
  309  expenses as provided in s. 112.061.
  310         (g) Commission members may not have an immediate family
  311  member who works in the department or any private institution or
  312  contractor under contract with the department and may not have
  313  any interest, direct or indirect, in a contract, franchise,
  314  privilege, or other benefit granted or awarded by the
  315  department, or any of its contractors or subcontracts, while
  316  serving as a member of the commission.
  317         Section 2. The amendments made by this act to s. 20.315(3),
  318  Florida Statutes, do not apply to a Secretary of Corrections
  319  appointed before July 1, 2015.
  320         Section 3. Paragraph (d) is added to subsection (5) of
  321  section 216.136, Florida Statutes, to read:
  322         216.136 Consensus estimating conferences; duties and
  323  principals.—
  324         (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.—The Criminal
  325  Justice Estimating Conference shall:
  326         (d) Develop projections of prison admissions and
  327  populations for elderly felony offenders.
  328         Section 4. Subsection (7) of section 921.0021, Florida
  329  Statutes, is amended to read:
  330         921.0021 Definitions.—As used in this chapter, for any
  331  felony offense, except any capital felony, committed on or after
  332  October 1, 1998, the term:
  333         (7)(a) “Victim injury” means the physical injury or death
  334  suffered by a person as a direct result of the primary offense,
  335  or any additional offense, for which an offender is convicted
  336  and which is pending before the court for sentencing at the time
  337  of the primary offense.
  338         (b) Except as provided in paragraph (c) or paragraph (d),
  339         1. If the conviction is for an offense involving sexual
  340  contact that includes sexual penetration, the sexual penetration
  341  must be scored in accordance with the sentence points provided
  342  under s. 921.0024 for sexual penetration, regardless of whether
  343  there is evidence of any physical injury.
  344         2. If the conviction is for an offense involving sexual
  345  contact that does not include sexual penetration, the sexual
  346  contact must be scored in accordance with the sentence points
  347  provided under s. 921.0024 for sexual contact, regardless of
  348  whether there is evidence of any physical injury.
  349  
  350  If the victim of an offense involving sexual contact suffers any
  351  physical injury as a direct result of the primary offense or any
  352  additional offense committed by the offender resulting in
  353  conviction, such physical injury must be scored separately and
  354  in addition to the points scored for the sexual contact or the
  355  sexual penetration.
  356         (c) The sentence points provided under s. 921.0024 for
  357  sexual contact or sexual penetration may not be assessed for a
  358  violation of s. 944.35(3)(b)2.
  359         (c)(d) If the conviction is for the offense described in s.
  360  872.06, the sentence points provided under s. 921.0024 for
  361  sexual contact or sexual penetration may not be assessed.
  362         (d)(e) Notwithstanding paragraph (a), if the conviction is
  363  for an offense described in s. 316.027 and the court finds that
  364  the offender caused victim injury, sentence points for victim
  365  injury may be assessed against the offender.
  366         Section 5. Section 944.151, Florida Statutes, is amended to
  367  read:
  368         944.151 Safety and security of correctional institutions
  369  and facilities.—It is the intent of the Legislature that the
  370  Department of Corrections shall be responsible for the safe
  371  operation and security of the correctional institutions and
  372  facilities. The safe operation and security of the state’s
  373  correctional institutions and facilities is critical to ensure
  374  public safety and the safety of department employees and
  375  offenders and to contain violent and chronic offenders until
  376  offenders are otherwise released from the department’s custody
  377  pursuant to law. The Secretary of Corrections shall, at a
  378  minimum:
  379         (1) Appoint and designate select staff to the a safety and
  380  security review committee which shall, at a minimum, be composed
  381  of: the inspector general, the statewide security coordinator,
  382  the regional security coordinators, and three wardens and one
  383  correctional officer. The safety and security review committee
  384  shall evaluate new safety and security technology; review and
  385  discuss issues impacting correctional facilities; review and
  386  discuss current issues impacting correctional facilities; and
  387  review and discuss other issues as requested by management.:
  388         (a) Establish a periodic schedule for the physical
  389  inspection of buildings and structures of each state and private
  390  correctional institution to determine security deficiencies. In
  391  scheduling the inspections, priority shall be given to older
  392  institutions, institutions that house a large proportion of
  393  violent offenders, and institutions that have experienced a
  394  significant number of escapes or escape attempts in the past.
  395         (2)Ensure that appropriate staff establishes a periodic
  396  schedule for the physical inspection of buildings and structures
  397  of each state and private correctional institution and facility
  398  to determine safety and security deficiencies. In scheduling the
  399  inspections, priority shall be given to older institutions,
  400  institutions that house a large proportion of violent offenders,
  401  institutions with a high level of inappropriate incidents of use
  402  of force on inmates, assaults on employees, or inmate sexual
  403  abuse, and institutions that have experienced a significant
  404  number of escapes or escape attempts in the past.
  405         (a)(b)Ensure that appropriate staff conducts Conduct or
  406  causes cause to be conducted announced and unannounced
  407  comprehensive safety and security audits of all state and
  408  private correctional institutions. In conducting the security
  409  audits, priority shall be given to older institutions,
  410  institutions that house a large proportion of violent offenders,
  411  institutions with a high level of inappropriate incidents of use
  412  of force on inmates, assaults on employees, or inmate sexual
  413  abuse, and institutions that have experienced a history of
  414  escapes or escape attempts. At a minimum, the audit shall
  415  include an evaluation of the physical plant, which shall include
  416  the identification of blind spots or areas where staff or
  417  inmates may be isolated and the deployment of audio and video
  418  monitoring systems and other monitoring technologies in such
  419  areas, landscaping, fencing, security alarms and perimeter
  420  lighting, confinement, arsenal, key and lock, and entrance/exit
  421  and inmate classification and staffing policies. Each
  422  correctional institution shall be audited at least annually. The
  423  secretary shall
  424         (b) Report the general survey findings annually to the
  425  Governor and the Legislature.
  426         (c) Ensure appropriate staff investigates and evaluates the
  427  usefulness and dependability of existing safety and security
  428  technology at the institutions and new technology and video
  429  monitoring systems available and make periodic written
  430  recommendations to the secretary on the discontinuation or
  431  purchase of various safety and security devices.
  432         (d) Contract, if deemed necessary, with security personnel,
  433  consulting engineers, architects, or other safety and security
  434  experts the department deems necessary for safety and security
  435  consultant services.
  436         (e) Ensure appropriate staff, in conjunction with the
  437  regional offices, establishes a periodic schedule for conducting
  438  announced and unannounced escape simulation drills.
  439         (f) Adopt, enforce, and annually cause the evaluation of
  440  the emergency escape response procedures, which shall at a
  441  minimum include the immediate notification and inclusion of
  442  local and state law enforcement through mutual aid agreements.
  443         (g) Ensure appropriate staff reviews staffing policies,
  444  classification, and practices as needed.
  445         (3)(c) Adopt and enforce minimum safety and security
  446  standards and policies that include, but are not limited to:
  447         (a)1. Random monitoring of outgoing telephone calls by
  448  inmates.
  449         (b)2. Maintenance of current photographs of all inmates.
  450         (c)3. Daily inmate counts at varied intervals.
  451         (d)4. Use of canine units, where appropriate.
  452         (e)5. Use of escape alarms and perimeter lighting.
  453         (f)6. Florida Crime Information Center/National Crime
  454  Information Center capabilities.
  455         (g)7. Employment background investigations.
  456         (d) Annually make written prioritized budget
  457  recommendations to the secretary that identify critical security
  458  deficiencies at major correctional institutions.
  459         (e) Investigate and evaluate the usefulness and
  460  dependability of existing security technology at the
  461  institutions and new technology available and make periodic
  462  written recommendations to the secretary on the discontinuation
  463  or purchase of various security devices.
  464         (f) Contract, if deemed necessary, with security personnel,
  465  consulting engineers, architects, or other security experts the
  466  committee deems necessary for security audits and security
  467  consultant services.
  468         (g) Establish a periodic schedule for conducting announced
  469  and unannounced escape simulation drills.
  470         (4)(2)Direct staff to maintain and produce quarterly
  471  reports with accurate escape statistics. For the purposes of
  472  these reports, “escape” includes all possible types of escape,
  473  regardless of prosecution by the state attorney, and including
  474  offenders who walk away from nonsecure community facilities.
  475         (3) Adopt, enforce, and annually evaluate the emergency
  476  escape response procedures, which shall at a minimum include the
  477  immediate notification and inclusion of local and state law
  478  enforcement through a mutual aid agreement.
  479         (5)(4)Direct staff to submit in the annual legislative
  480  budget request a prioritized summary of critical safety and
  481  security deficiencies, and repair and renovation security needs.
  482         Section 6. Paragraphs (d) and (e) of subsection (4) of
  483  section 944.275, Florida Statutes, are amended to read:
  484         944.275 Gain-time.—
  485         (4)
  486         (d) Notwithstanding paragraph (b) subparagraphs (b)1. and
  487  2., the education program manager shall recommend, and the
  488  Department of Corrections may grant, a one-time award of 60
  489  additional days of incentive gain-time to an inmate who is
  490  otherwise eligible and who successfully completes requirements
  491  for and is awarded a high school equivalency diploma or
  492  vocational certificate. This incentive gain-time award may be
  493  granted to reduce any sentence for an offense committed on or
  494  after October 1, 1995. However, this gain-time may not be
  495  granted to reduce any sentence for an offense committed on or
  496  after October 1, 1995, if the inmate is, or has previously been,
  497  convicted of a violation of s. 794.011, s. 794.05, former s.
  498  796.03, former s. 796.035, s. 800.04, s. 825.1025, s. 827.03, s.
  499  827.071, s. 847.0133, s. 847.0135, s. 847.0137, s. 847.0138, s.
  500  847.0145, or s. 985.701(1), or a forcible felony offense that is
  501  specified in s. 776.08, except burglary as specified in s.
  502  810.02(4). An inmate subject to the 85 percent minimum service
  503  requirement pursuant to subparagraph (b)3. may not accumulate
  504  gain-time awards at any point when the tentative release date is
  505  the same as the 85 percent minimum service date of the sentence
  506  imposed. Under no circumstances may an inmate receive more than
  507  60 days for educational attainment pursuant to this section.
  508         (e) Notwithstanding subparagraph (b)3. and paragraph (d),
  509  for sentences imposed for offenses committed on or after October
  510  1, 2014, the department may not grant incentive gain-time if the
  511  offense is a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2.
  512  or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s.
  513  794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
  514         Section 7. Section 944.31, Florida Statutes, is amended to
  515  read:
  516         944.31 Inspector general; inspectors; power and duties.—
  517         (1) The inspector general shall be responsible for prison
  518  inspection and investigation, internal affairs investigations,
  519  and management reviews. The office of the inspector general
  520  shall be charged with the duty of inspecting the penal and
  521  correctional systems of the state. The office of the inspector
  522  general shall inspect each correctional institution or any place
  523  in which state prisoners are housed, worked, or kept within the
  524  state, with reference to its physical conditions, cleanliness,
  525  sanitation, safety, and comfort; the quality and supply of all
  526  bedding; the quality, quantity, and diversity of food served and
  527  the manner in which it is served; the number and condition of
  528  the prisoners confined therein; and the general conditions of
  529  each institution. The office of inspector general shall see that
  530  all the rules and regulations issued by the department are
  531  strictly observed and followed by all persons connected with the
  532  correctional systems of the state. The office of the inspector
  533  general shall coordinate and supervise the work of inspectors
  534  throughout the state. The inspector general and inspectors may
  535  enter any place where prisoners in this state are kept and shall
  536  be immediately admitted to such place as they desire and may
  537  consult and confer with any prisoner privately and without
  538  molestation. The inspector general and inspectors shall be
  539  responsible for criminal and administrative investigation of
  540  matters relating to the Department of Corrections. The secretary
  541  may designate persons within the office of the inspector general
  542  as law enforcement officers to conduct any criminal
  543  investigation that occurs on property owned or leased by the
  544  department or involves matters over which the department has
  545  jurisdiction. A person designated as a law enforcement officer
  546  must be certified pursuant to s. 943.1395 and must have a
  547  minimum of 3 years’ experience as an inspector in the inspector
  548  general’s office or as a law enforcement officer.
  549         (2) The department, after consultation with the Florida
  550  Corrections Commission, shall maintain a written memorandum of
  551  understanding with the Department of Law Enforcement for the
  552  notification and investigation of mutually agreed-upon predicate
  553  events that shall include, but are not limited to, suspicious
  554  deaths and organized criminal activity. A copy of an active
  555  memorandum of understanding shall be provided in a timely manner
  556  to the Governor, the President of the Senate, and the Speaker of
  557  the House of Representatives.
  558         (3) During investigations, the inspector general and
  559  inspectors may consult and confer with any prisoner or staff
  560  member privately and without molestation and persons designated
  561  as law enforcement officers under this section shall have the
  562  authority to arrest, with or without a warrant, any prisoner of
  563  or visitor to a state correctional institution for a violation
  564  of the criminal laws of the state involving an offense
  565  classified as a felony that occurs on property owned or leased
  566  by the department and may arrest offenders who have escaped or
  567  absconded from custody. Persons designated as law enforcement
  568  officers have the authority to arrest with or without a warrant
  569  a staff member of the department, including any contract
  570  employee, for a violation of the criminal laws of the state
  571  involving an offense classified as a felony under this chapter
  572  or chapter 893 on property owned or leased by the department. A
  573  person designated as a law enforcement officer under this
  574  section may make arrests of persons against whom arrest warrants
  575  have been issued, including arrests of offenders who have
  576  escaped or absconded from custody. The arrested person shall be
  577  surrendered without delay to the sheriff of the county in which
  578  the arrest is made, with a formal complaint subsequently made
  579  against her or him in accordance with law.
  580         (4) The inspector general, and inspectors who conduct
  581  sexual abuse investigations in confinement settings, shall
  582  receive specialized training in conducting such investigations.
  583  The department shall be responsible for providing the
  584  specialized training. Specialized training shall include, but
  585  need not be limited to, techniques for interviewing sexual abuse
  586  victims, proper use of Miranda and Garrity warnings, sexual
  587  abuse evidence collection in confinement settings, and the
  588  criteria and evidence required to substantiate a case for
  589  administrative action or prosecution.
  590         Section 8. Section 944.331, Florida Statutes, is amended to
  591  read:
  592         944.331 Inmate grievance procedure.—
  593         (1) The department shall establish by rule an inmate
  594  grievance procedure, which that must conform to the Minimum
  595  Standards for Inmate Grievance Procedures as promulgated by the
  596  United States Department of Justice pursuant to 42 U.S.C. s.
  597  1997e. The department’s office of general counsel shall oversee
  598  the grievance procedures established by the department.
  599         (2) In establishing grievance procedures, the department
  600  shall provide multiple internal avenues for inmates to privately
  601  report sexual abuse and sexual harassment and any staff neglect
  602  of, or failure to perform, responsibilities which may have
  603  contributed to such incidents. The procedures must allow reports
  604  to be made in writing by third parties.
  605         (3) The department, in consultation with the Correctional
  606  Medical Authority, shall review inmate health care grievance
  607  procedures at each correctional institution and private
  608  correctional facility to determine the procedural soundness and
  609  effectiveness of the current health care grievance process, to
  610  identify employees prone to misconduct directly related to the
  611  delivery of health care services, and to identify life
  612  threatening inmate health concerns. The review shall determine
  613  whether inmate health care grievances are being properly
  614  reported, transmitted, and processed; inmates are allowed
  615  writing utensils and paper; multiple channels of communication
  616  exist to report alleged abuse related to the delivery of health
  617  care services; and protocols are being implemented to protect an
  618  inmate who filed a grievance concerning the delivery of health
  619  care from retaliation for filing a complaint alleging staff
  620  misconduct.
  621         (4) The department shall review inmate grievance procedures
  622  at each correctional institution and private correctional
  623  facility to determine the procedural soundness and effectiveness
  624  of the current grievance process, to identify employees prone to
  625  misconduct, and to identify life-threatening inmate safety
  626  concerns. The review shall determine whether inmate grievances
  627  are being properly reported, transmitted, and processed; inmates
  628  are allowed writing utensils and paper; multiple channels of
  629  communication exist to report alleged abuse; and protocols are
  630  being implemented to protect an inmate who filed a grievance
  631  from retaliation for filing a complaint alleging staff
  632  misconduct.
  633         (5) Beginning October 1, 2015, the department in
  634  consultation with the Correctional Medical Authority shall
  635  annually report, and post to their respective websites, their
  636  joint findings. The authority shall document in the report its
  637  findings on the effectiveness of inmate health care grievance
  638  procedures; cite the number of health care grievances filed by
  639  inmates, by institution and by region; specify the types of
  640  health care problems alleged by inmates; and summarize the
  641  actions taken by the department or the authority as a result of
  642  its investigation of inmate health care grievances.
  643         Section 9. Section 944.35, Florida Statutes, is amended to
  644  read:
  645         944.35 Authorized use of force; malicious battery and
  646  sexual misconduct prohibited; reporting required; penalties.—
  647         (1)(a) An employee of the department is authorized to apply
  648  physical force upon an inmate only when and to the extent that
  649  it reasonably appears necessary:
  650         1. To defend himself or herself or another against such
  651  other imminent use of unlawful force;
  652         2. To prevent a person from escaping from a state
  653  correctional institution when the officer reasonably believes
  654  that person is lawfully detained in such institution;
  655         3. To prevent damage to property;
  656         4. To quell a disturbance;
  657         5. To overcome physical resistance to a lawful command; or
  658         6. To administer medical treatment only by or under the
  659  supervision of a physician or his or her designee and only:
  660         a. When treatment is necessary to protect the health of
  661  other persons, as in the case of contagious or venereal
  662  diseases; or
  663         b. When treatment is offered in satisfaction of a duty to
  664  protect the inmate against self-inflicted injury or death.
  665  
  666  As part of the correctional officer training program, the
  667  Criminal Justice Standards and Training Commission shall develop
  668  a course specifically designed to explain the parameters of this
  669  subsection and to teach the proper methods and techniques in
  670  applying authorized physical force upon an inmate. Effective
  671  October 1, 2015, this course shall include specialized training
  672  for effectively managing in nonforceful ways mentally ill
  673  inmates who may exhibit erratic behavior.
  674         (b) Following any use of force, a qualified health care
  675  provider shall examine any person physically involved to
  676  determine the extent of injury, if any, and shall prepare a
  677  report which shall include, but not be limited to, a statement
  678  of whether further examination by a physician is necessary. The
  679  identity of the qualified health care provider on the report
  680  shall be designated by using an employee identification number
  681  in lieu of a name and signature. Any noticeable physical injury
  682  shall be examined by a physician, and the physician shall
  683  prepare a report documenting the extent and probable cause of
  684  the injury and the treatment prescribed. Such report shall be
  685  completed within 5 working days of the incident and shall be
  686  submitted to the warden for appropriate investigation.
  687         (c) Each institution shall create and maintain a system to
  688  track episodes involving the use of force to determine if
  689  inmates require subsequent physical or mental health treatment.
  690         (d) No later than October 1 of each year, the department
  691  shall post on the agency website a report documenting incidents
  692  involving the use of force during the previous fiscal year. The
  693  report shall include, but not be limited to:
  694         1. Descriptive statistics on the reason force was used and
  695  whether the use of force was deemed appropriate;
  696         2. Multi-year statistics documenting annual trends in the
  697  use of force;
  698         3.Statistical information on the level of inmate or
  699  officer injury, including death, in incidents involving the use
  700  of force;
  701         4. A breakdown, by institution, of statistics on use of
  702  force; and
  703         5. Statistics on the number of employees who were
  704  disciplined or terminated because of their involvement in
  705  incidents involving the inappropriate use of force, based on
  706  notations of such incidents in their personnel files.
  707         (2) Each employee of the department who either applies
  708  physical force or was responsible for making the decision to
  709  apply physical force upon an inmate or an offender supervised by
  710  the department in the community pursuant to this subsection
  711  shall prepare, date, and sign under oath an independent report
  712  within 1 working day of the incident. The report shall be
  713  delivered to the warden or the circuit administrator, who shall
  714  forward the report with all appropriate documentation to the
  715  office of the inspector general. The inspector general shall
  716  conduct a review and make recommendations regarding the
  717  appropriateness or inappropriateness of the use of force. If the
  718  inspector general finds that the use of force was appropriate,
  719  the employee’s report, together with the inspector general’s
  720  written determination of the appropriateness of the force used
  721  and the reasons therefor, shall be forwarded to the circuit
  722  administrator or warden upon completion of the review. If the
  723  inspector general finds that the use of force was inappropriate,
  724  the inspector general shall conduct a complete investigation
  725  into the incident and forward the findings of fact to the
  726  appropriate regional director for further action. Copies of the
  727  employee’s report and the inspector general’s review shall be
  728  kept in the files of the inmate or the offender supervised by
  729  the department in the community. A notation of each incident
  730  involving use of force and the outcome based on the inspector
  731  general’s evaluation shall be kept in the employee’s file. An
  732  employee with two or more notations in the employee’s file for
  733  inappropriate use of force incidents, as specified in s. 944.35,
  734  shall not be assigned to transitional care, crisis
  735  stabilization, or corrections mental health treatment facility
  736  inmate housing units as defined in Florida Administrative Code.
  737  However, an employee with two or more notations in the
  738  employee’s file who remains free of inappropriate use of force
  739  incidents for a significant period may be permitted to work in
  740  the transitional care, crisis stabilization, or corrections
  741  mental health treatment facility inmate housing units.
  742         (3)(a)1. Any employee of the department, private provider,
  743  or private correctional facility who, with malicious intent,
  744  commits a battery upon an inmate or an offender supervised by
  745  the department in the community, commits a misdemeanor of the
  746  first degree, punishable as provided in s. 775.082 or s.
  747  775.083.
  748         2. Any employee of the department, private provider, or
  749  private correctional facility who, with malicious intent,
  750  commits a battery or inflicts cruel or inhuman treatment by
  751  neglect or otherwise, and in so doing causes great bodily harm,
  752  permanent disability, or permanent disfigurement to an inmate or
  753  an offender supervised by the department in the community,
  754  commits a felony of the third degree, punishable as provided in
  755  s. 775.082, s. 775.083, or s. 775.084.
  756         (b) As used in this paragraph, the termneglect of an
  757  inmate” means:
  758         1.A failure or omission on the part of an employee of the
  759  department, private provider, or private correctional facility,
  760  to:
  761         a. Provide an inmate with the care, supervision, and
  762  services necessary to maintain the inmate’s physical and mental
  763  health, including, but not limited to, food, nutrition,
  764  clothing, shelter, supervision, medicine, and medical services
  765  that a prudent person would consider essential for the well
  766  being of the inmate; or
  767         b.Make a reasonable effort to protect an inmate from
  768  abuse, neglect, or exploitation by another person.
  769         2.A determination of neglect of an inmate may be based on
  770  repeated conduct or on a single incident or omission that
  771  results in, or could reasonably be expected to result in,
  772  serious physical or psychological injury, or a substantial risk
  773  of death, to an inmate.
  774         3.An employee of the department, private provider, or
  775  private correctional facility who willfully or by culpable
  776  negligence neglects an inmate and in so doing causes great
  777  bodily harm, permanent disability, or permanent disfigurement to
  778  the inmate commits a felony of the second degree, punishable as
  779  provided in s. 775.082, s. 775.083, or s. 775.084.
  780         4.Any employee of the department, private provider, or
  781  private correctional facility who willfully or by culpable
  782  negligence neglects an elderly or disabled inmate without
  783  causing great bodily harm, permanent disability, or permanent
  784  disfigurement to the inmate commits a felony of the third
  785  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  786  775.084.
  787         (c)(b)1. As used in this paragraph, the term “sexual
  788  misconduct” means the oral, anal, or vaginal penetration by, or
  789  union with, the sexual organ of another or the anal or vaginal
  790  penetration of another by any other object, but does not include
  791  an act done for a bona fide medical purpose or an internal
  792  search conducted in the lawful performance of the employee’s
  793  duty.
  794         2. Any employee of the department or a private correctional
  795  facility as defined in s. 944.710 who engages in sexual
  796  misconduct with an inmate or an offender supervised by the
  797  department in the community, without committing the crime of
  798  sexual battery, commits a felony of the third degree, punishable
  799  as provided in s. 775.082, s. 775.083, or s. 775.084.
  800         3. The consent of the inmate or offender supervised by the
  801  department in the community to any act of sexual misconduct may
  802  not be raised as a defense to a prosecution under this
  803  paragraph.
  804         4. This paragraph does not apply to any employee of the
  805  department or any employee of a private correctional facility
  806  who is legally married to an inmate or an offender supervised by
  807  the department in the community, nor does it apply to any
  808  employee who has no knowledge, and would have no reason to
  809  believe, that the person with whom the employee has engaged in
  810  sexual misconduct is an inmate or an offender under community
  811  supervision of the department.
  812         (d)(c) Notwithstanding prosecution, any violation of the
  813  provisions of this subsection, as determined by the Public
  814  Employees Relations Commission, shall constitute sufficient
  815  cause under s. 110.227 for dismissal from employment with the
  816  department, and such person shall not again be employed in any
  817  capacity in connection with the correctional system.
  818         (e)(d) Each employee who witnesses, or has reasonable cause
  819  to suspect, that an inmate or an offender under the supervision
  820  of the department in the community has been unlawfully abused or
  821  is the subject of sexual misconduct pursuant to this subsection
  822  shall immediately prepare, date, and sign an independent report
  823  specifically describing the nature of the force used or the
  824  nature of the sexual misconduct, the location and time of the
  825  incident, and the persons involved. The report shall be
  826  delivered to the inspector general of the department with a copy
  827  to be delivered to the warden of the institution or the regional
  828  administrator. The inspector general shall immediately conduct
  829  an appropriate investigation, and, if probable cause is
  830  determined that a violation of this subsection has occurred, the
  831  respective state attorney in the circuit in which the incident
  832  occurred shall be notified.
  833         (f) If an employee of the department, private provider, or
  834  private correctional facility who witnesses unlawful abuse or
  835  neglect or has reasonable cause to suspect that an inmate has
  836  been unlawfully abused or neglected, as the term “neglected” is
  837  defined in paragraph (b), fears retaliation by coworkers or
  838  supervisors if he or she submits a report as provided in
  839  paragraph (e), the employee may anonymously and confidentially
  840  report the inmate abuse or neglect directly to the department’s
  841  Office of Inspector General.
  842         (4)(a) Any employee required to report pursuant to this
  843  section who knowingly or willfully fails to do so, or who
  844  knowingly or willfully prevents another person from doing so,
  845  commits a misdemeanor of the first degree, punishable as
  846  provided in s. 775.082 or s. 775.083.
  847         (b) Any person who knowingly or willfully submits
  848  inaccurate, incomplete, or untruthful information with regard to
  849  reports required in this section commits a misdemeanor of the
  850  first degree, punishable as provided in s. 775.082 or s.
  851  775.083.
  852         (c) Any person who knowingly or willfully coerces or
  853  threatens any other person with the intent to alter either
  854  testimony or a written report regarding an incident where force
  855  was used or an incident of sexual misconduct commits a felony of
  856  the third degree, punishable as provided in s. 775.082, s.
  857  775.083, or s. 775.084.
  858  
  859  As part of the correctional officer training program, the
  860  Criminal Justice Standards and Training Commission shall develop
  861  course materials for inclusion in the appropriate required
  862  course specifically designed to explain the parameters of this
  863  subsection, teach communication techniques related to crisis
  864  stabilization to avoid the use of force, and to teach sexual
  865  assault identification and prevention methods and techniques.
  866         (5) The department shall establish a policy to protect from
  867  retaliation inmates and employees who report physical or sexual
  868  abuse. This policy shall establish multiple protective measures
  869  for both inmates and employees relating to the reporting of
  870  abuse as well as designate a method of monitoring follow up.
  871         (6) The department shall establish a usage and inventory
  872  policy to track, by institution, the use of chemical agents and
  873  the disposal of expired, used, or damaged canisters of chemical
  874  agents. The policy shall include, but not be limited to, a
  875  requirement that a numbered seal be affixed to each chemical
  876  agent canister in such a manner that the canister cannot be
  877  removed from the carrier without breaking the seal. All
  878  canisters in the carriers will be checked out at the beginning
  879  of each shift and checked back in at the end of the shift. The
  880  shift supervisor should be charged with verifying the condition
  881  of the numbered seals and periodically weighing random canisters
  882  to insure that they have not been used without the required
  883  documentation.
  884         Section 10. Section 944.8041, Florida Statutes, is amended
  885  to read:
  886         944.8041 Elderly offenders; annual review.—
  887         (1) For the purpose of providing information to the
  888  Legislature on elderly offenders within the correctional system,
  889  the department and the Correctional Medical Authority shall each
  890  submit annually a report on the status and treatment of elderly
  891  offenders in the state-administered and private state
  892  correctional systems and the department’s geriatric facilities
  893  and dorms. In order to adequately prepare the reports, the
  894  department and the Department of Management Services shall grant
  895  access to the Correctional Medical Authority that includes
  896  access to the facilities, offenders, and any information the
  897  agencies require to complete their reports. The review shall
  898  also include an examination of promising geriatric policies,
  899  practices, and programs currently implemented in other
  900  correctional systems within the United States. The reports, with
  901  specific findings and recommendations for implementation, shall
  902  be submitted to the President of the Senate and the Speaker of
  903  the House of Representatives on or before December 31 of each
  904  year.
  905         (2) The department, in producing the annual report required
  906  under s. 20.315, shall report the cost of health care provided
  907  to elderly inmates. The report shall include, but need not be
  908  limited to, the average cost per year to incarcerate an elderly
  909  inmate and the types of health care delivered to elderly inmates
  910  which result in the highest expenditures.
  911         Section 11. Section 944.805, Florida Statutes, is created
  912  to read:
  913         944.805 Veterans programs in state and private correctional
  914  institutions.—
  915         (1) The Legislature finds and declares that specialized
  916  programs for veterans offered in state and private correctional
  917  institutions have the potential to facilitate inmate
  918  institutional adjustment, help inmates assume personal
  919  responsibility, and ease community reentry through the
  920  availability of expanded community resources. For the purposes
  921  of this section, the term “veteran” has the same meaning as it
  922  is defined in s. 1.01(14).
  923         (2) It is the intent of the Legislature that the department
  924  expand the use of specialized dormitories for veterans. It is
  925  also the intent of the Legislature that veterans housed in state
  926  and private correctional institutions be provided special
  927  assistance before their release by identifying benefits and
  928  services available in the community where the veteran plans to
  929  reside.
  930         (3) The department shall measure recidivism rates for
  931  veterans who have participated in specialized dormitories and
  932  for veterans who have received special assistance in community
  933  reentry. The findings shall be included in the annual report
  934  required under s. 20.315.
  935         Section 12. Paragraph (h) is added to subsection (2) of
  936  section 945.10, Florida Statutes, to read:
  937         945.10 Confidential information.—
  938         (2) The records and information specified in paragraphs
  939  (1)(a)-(h) may be released as follows unless expressly
  940  prohibited by federal law:
  941         (h) Information specified in paragraphs (1)(a)-(h) to the
  942  Florida Corrections Commission.
  943  
  944  Records and information released under this subsection remain
  945  confidential and exempt from the provisions of s. 119.07(1) and
  946  s. 24(a), Art. I of the State Constitution when held by the
  947  receiving person or entity.
  948         Section 13. Effective upon SB 540 or similar legislation
  949  creating the “State Operated Institutions Inmate Welfare Trust
  950  Fund” being adopted in the 2015 Regular Session or an extension
  951  thereof and becoming law, subsection (1) of section 945.215,
  952  Florida Statutes, is amended, present subsections (2) and (3)
  953  are redesignated as subsections (3) and (4), respectively, and a
  954  new subsection (2) is added to that section, to read:
  955         945.215 Inmate welfare and employee benefit trust funds.—
  956         (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS; STATE
  957  OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.—
  958         (a) The From the net proceeds from operating inmate
  959  canteens, vending machines used primarily by inmates and
  960  visitors, hobby shops, and other such facilities must be
  961  deposited in the State Operated Institutions Inmate Welfare
  962  Trust Fund or, as set forth in this section, in the General
  963  Revenue Fund; however, funds necessary to purchase items for
  964  resale at inmate canteens and vending machines must be deposited
  965  into local bank accounts designated by the department.
  966         (b) All proceeds from contracted telephone commissions must
  967  be deposited in the State Operated Institutions Inmate Welfare
  968  Trust Fund or, as set forth in this section, in the General
  969  Revenue Fund. The department shall develop and update, as
  970  necessary, administrative procedures to verify that:
  971         1. Contracted telephone companies accurately record and
  972  report all telephone calls made by inmates incarcerated in
  973  correctional facilities under the department’s jurisdiction;
  974         2. Persons who accept collect calls from inmates are
  975  charged the contracted rate; and
  976         3. The department receives the contracted telephone
  977  commissions.
  978         (c) Any funds that may be assigned by inmates or donated to
  979  the department by the general public or an inmate service
  980  organization must be deposited in the State Operated
  981  Institutions Inmate Welfare Trust Fund or, as set forth in this
  982  section, in the General Revenue Fund; however, the department
  983  shall not accept any donation from, or on behalf of, any
  984  individual inmate.
  985         (d) All proceeds from the following sources must be
  986  deposited in the State Operated Institutions Inmate Welfare
  987  Trust Fund or, as set forth in this section, in the General
  988  Revenue Fund:
  989         1. The confiscation and liquidation of any contraband found
  990  upon, or in the possession of, any inmate;
  991         2. Disciplinary fines imposed against inmates;
  992         3. Forfeitures of inmate earnings; and
  993         4. Unexpended balances in individual inmate trust fund
  994  accounts of less than $1.
  995         (e) Items for resale at inmate canteens and vending
  996  machines maintained at the correctional facilities shall be
  997  priced comparatively with like items for retail sale at fair
  998  market prices.
  999         (f) Notwithstanding any other provision of law, inmates
 1000  with sufficient balances in their individual inmate bank trust
 1001  fund accounts, after all debts against the account are
 1002  satisfied, shall be allowed to request a weekly draw of up to an
 1003  amount set by the Secretary of Corrections, not to exceed $100,
 1004  to be expended for personal use on canteen and vending machine
 1005  items.
 1006         (2)(a) The State Operated Institutions Inmate Welfare Trust
 1007  Fund constitutes a trust held by the department for the benefit
 1008  and welfare of inmates incarcerated in correctional facilities
 1009  operated directly by the department.
 1010         (b) Deposits into the State Operated Institutions Inmate
 1011  Welfare Trust Fund shall not exceed a total of $5 million in any
 1012  fiscal year. Any proceeds or funds that would cause deposits
 1013  into the State Operated Institutions Inmate Welfare Trust Fund
 1014  to exceed this restriction shall be deposited into the General
 1015  Revenue Fund.
 1016         (c) Funds in the State Operated Institutions Inmate Welfare
 1017  Trust Fund shall be used exclusively for the following purposes
 1018  at correctional facilities operated by the department:
 1019         1. To provide literacy programs, vocational training
 1020  programs, and educational programs;
 1021         2. To operate inmate chapels, faith-based programs,
 1022  visiting pavilions, visiting services and programs, family
 1023  services and programs, and libraries;
 1024         3. To provide inmate substance abuse treatment programs and
 1025  transition and life skills training programs;
 1026         4. To provide for the purchase, rental, maintenance or
 1027  repair of electronic or audio visual equipment used by inmates;
 1028         5. To provide for the purchase, rental, maintenance or
 1029  repair of recreation and wellness equipment; or
 1030         6. To provide for the purchase, rental, maintenance, or
 1031  repair of bicycles used by inmates traveling to and from
 1032  employment in the work-release program authorized in s.
 1033  945.091(1)(b).
 1034         (d)Funds in the State Operated Institutions Inmate Welfare
 1035  Trust Fund shall be expended only pursuant to legislative
 1036  appropriation.
 1037         (e) The department shall annually compile a report that
 1038  specifically documents State Operated Institutions Inmate
 1039  Welfare Trust Fund receipts and expenditures. This report shall
 1040  be compiled at both the statewide and institutional levels. The
 1041  department must submit this report for the previous fiscal year
 1042  by September 1 of each year to the chairs of the appropriate
 1043  substantive and fiscal committees of the Senate and the House of
 1044  Representatives and to the Executive Office of the Governor.
 1045         (f) Funds in the State Operated Institutions Inmate Welfare
 1046  Trust Fund or any other fund may not be used to purchase weight
 1047  training equipment.
 1048         Section 14. Subsection (7) is added to section 945.48,
 1049  Florida Statutes, to read:
 1050         945.48 Rights of inmates provided mental health treatment;
 1051  procedure for involuntary treatment; correctional officer
 1052  staffing requirements.—
 1053         (7) CORRECTIONAL OFFICER STAFFING.—A correctional officer
 1054  who has close contact with inmates housed in a mental health
 1055  treatment facility shall annually complete training in crisis
 1056  intervention. An employee with two or more notations in the
 1057  employee’s file for inappropriate use of force incidents, as
 1058  specified in s. 944.35, may not be assigned to transitional
 1059  care, crisis stabilization, or corrections mental health
 1060  treatment facility inmate housing units as defined in the
 1061  Florida Administrative Code. However, an employee with two or
 1062  more notations in the employee’s file who remains free of
 1063  inappropriate use of force incidents for a significant period
 1064  may be permitted to work in the transitional care, crisis
 1065  stabilization, or corrections mental health treatment facility
 1066  inmate housing units.
 1067         Section 15. Subsection (2) of section 945.6031, Florida
 1068  Statutes, is amended to read:
 1069         945.6031 Required reports and surveys.—
 1070         (2) The authority shall conduct surveys of the physical and
 1071  mental health care system at each correctional institution at
 1072  least every 18 months triennially and shall report the survey
 1073  findings for each institution to the Secretary of Corrections.
 1074         Section 16. Section 945.6033, Florida Statutes, is amended
 1075  to read:
 1076         945.6033 Continuing contracts with health care providers.—
 1077         (1) The Department of Corrections may enter into continuing
 1078  contracts with licensed health care providers, including
 1079  hospitals and health maintenance organizations, for the
 1080  provision of inmate health care services which the department is
 1081  unable to provide in its facilities.
 1082         (2) The Department of Corrections, in negotiating contracts
 1083  for the delivery of inmate health care, shall only enter into
 1084  contracts which contain damage provisions.
 1085         Section 17. Subsection (1) of section 945.6034, Florida
 1086  Statutes, is amended to read:
 1087         945.6034 Minimum health care standards.—
 1088         (1) The Assistant Secretary for Health Services is
 1089  responsible for developing a comprehensive health care delivery
 1090  system and promulgating all department health care standards.
 1091  Such health care standards shall include, but are not limited
 1092  to, rules relating to the management structure of the health
 1093  care system and the provision of health care services to
 1094  inmates, health care policies, health care plans, quality
 1095  management systems and procedures, health service bulletins, and
 1096  treatment protocols. In establishing standards of care, the
 1097  department shall examine and consider the needs of inmates over
 1098  50 years of age and adopt health care standards unique to this
 1099  population.
 1100         Section 18. Section 945.6039, Florida Statutes, is created
 1101  to read:
 1102         945.6039 Independent Medical Evaluations and Examinations.
 1103  The department shall promulgate rules and permit an inmate’s
 1104  family member, lawyer, or interested party to hire and pay for
 1105  an independent medical evaluation or examination by a medical
 1106  professional of an incarcerated inmate. The results of the
 1107  medical evaluation or examination shall be provided to the
 1108  department and to the Commission on Offender Review. The purpose
 1109  of these outside evaluations is to assist in the delivery of
 1110  medical care to the inmate and to assist the Commission on
 1111  Offender Review in considering an inmate for conditional medical
 1112  release. Inmates at all department facilities and the contracted
 1113  private correctional facilities are eligible for consideration
 1114  to arrange for these medical evaluations. The department’s
 1115  contracted private health care providers may also provide such
 1116  medical evaluations. The department, the private correctional
 1117  facilities, and private health care providers shall provide
 1118  reasonable and timely access to the inmate once a family member,
 1119  lawyer, or interested party provides a written request for
 1120  access.
 1121         Section 19. Present paragraphs (a) and (b) of subsection
 1122  (1) of section 947.149, Florida Statutes, are redesignated as
 1123  paragraphs (b) and (c), respectively, and a new paragraph (a) is
 1124  added to that subsection, to read:
 1125         947.149 Conditional medical release.—
 1126         (1) The commission shall, in conjunction with the
 1127  department, establish the conditional medical release program.
 1128  An inmate is eligible for consideration for release under the
 1129  conditional medical release program when the inmate, because of
 1130  an existing medical or physical condition, is determined by the
 1131  department to be within one of the following designations:
 1132         (a) “Elderly and infirm inmate,” which means an inmate who
 1133  has no current or prior convictions for capital or first degree
 1134  felonies, who has no current or prior convictions for sexual
 1135  offenses or offenses against children, who is over 70 years of
 1136  age, and who has a condition caused by injury, disease, or
 1137  illness which, to a reasonable degree of medical certainty,
 1138  renders the inmate infirm or physically impaired to the extent
 1139  that the inmate does not constitute a danger to himself or
 1140  herself or others.
 1141         Section 20. Subsection (5) of section 948.10, Florida
 1142  Statutes, is amended to read:
 1143         948.10 Community control programs.—
 1144         (5) In its annual report to the Governor, the President of
 1145  the Senate, and the Speaker of the House of Representatives
 1146  under s. 20.315(6) s. 20.315(5), the department shall include a
 1147  detailed analysis of the community control program and the
 1148  department’s specific efforts to protect the public from
 1149  offenders placed on community control. The analysis must
 1150  include, but need not be limited to, specific information on the
 1151  department’s ability to meet minimum officer-to-offender contact
 1152  standards, the number of crimes committed by offenders on
 1153  community control, and the level of community supervision
 1154  provided.
 1155         Section 21. Subsection (1) of section 951.221, Florida
 1156  Statutes, is amended to read:
 1157         951.221 Sexual misconduct between detention facility
 1158  employees and inmates; penalties.—
 1159         (1) Any employee of a county or municipal detention
 1160  facility or of a private detention facility under contract with
 1161  a county commission who engages in sexual misconduct, as defined
 1162  in s. 944.35(3)(c)1. s. 944.35(3)(b)1., with an inmate or an
 1163  offender supervised by the facility without committing the crime
 1164  of sexual battery commits a felony of the third degree,
 1165  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1166  The consent of an inmate to any act of sexual misconduct may not
 1167  be raised as a defense to prosecution under this section.
 1168         Section 22. For the purpose of incorporating the amendment
 1169  made by this act to section 944.35, Florida Statutes, in a
 1170  reference thereto, paragraph (uu) of subsection (2) of section
 1171  435.04, Florida Statutes, is reenacted to read:
 1172         435.04 Level 2 screening standards.—
 1173         (2) The security background investigations under this
 1174  section must ensure that no persons subject to the provisions of
 1175  this section have been arrested for and are awaiting final
 1176  disposition of, have been found guilty of, regardless of
 1177  adjudication, or entered a plea of nolo contendere or guilty to,
 1178  or have been adjudicated delinquent and the record has not been
 1179  sealed or expunged for, any offense prohibited under any of the
 1180  following provisions of state law or similar law of another
 1181  jurisdiction:
 1182         (uu) Section 944.35(3), relating to inflicting cruel or
 1183  inhuman treatment on an inmate resulting in great bodily harm.
 1184         Section 23. For the purpose of incorporating the amendment
 1185  made by this act to section 944.35, Florida Statutes, in a
 1186  reference thereto, paragraph (f) of subsection (3) of section
 1187  921.0022, Florida Statutes, is reenacted to read:
 1188         921.0022 Criminal Punishment Code; offense severity ranking
 1189  chart.—
 1190         (3) OFFENSE SEVERITY RANKING CHART
 1191         (f) LEVEL 6
 1192  
 1193  FloridaStatute              FelonyDegree        Description        
 1194  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 1195  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 1196  499.0051(3)                      2nd     Knowing forgery of pedigree papers.
 1197  499.0051(4)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 1198  499.0051(5)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 1199  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 1200  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 1201  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 1202  784.041                          3rd     Felony battery; domestic battery by strangulation.
 1203  784.048(3)                       3rd     Aggravated stalking; credible threat.
 1204  784.048(5)                       3rd     Aggravated stalking of person under 16.
 1205  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 1206  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 1207  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 1208  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 1209  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 1210  784.083(2)                       2nd     Aggravated assault on code inspector.
 1211  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 1212  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 1213  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 1214  790.164(1)                       2nd     False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
 1215  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 1216  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 1217  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 1218  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 1219  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 1220  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 1221  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 1222  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 1223  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 1224  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1225  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
 1226  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
 1227  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1228  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1229  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1230  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1231  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1232  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1233  827.03(2)(c)                     3rd     Abuse of a child.         
 1234  827.03(2)(d)                     3rd     Neglect of a child.       
 1235  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1236  836.05                           2nd     Threats; extortion.       
 1237  836.10                           2nd     Written threats to kill or do bodily injury.
 1238  843.12                           3rd     Aids or assists person to escape.
 1239  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1240  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1241  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1242  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1243  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 1244  944.40                           2nd     Escapes.                  
 1245  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1246  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1247  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
 1248  
 1249         Section 24. For the purpose of incorporating the amendment
 1250  made by this act to section 945.215, Florida Statutes, in a
 1251  reference thereto, subsection (1) of section 944.72, Florida
 1252  Statutes, is reenacted to read:
 1253         944.72 Privately Operated Institutions Inmate Welfare Trust
 1254  Fund.—
 1255         (1) There is hereby created in the Department of
 1256  Corrections the Privately Operated Institutions Inmate Welfare
 1257  Trust Fund. The purpose of the trust fund shall be the benefit
 1258  and welfare of inmates incarcerated in private correctional
 1259  facilities under contract with the department pursuant to this
 1260  chapter or the Department of Management Services pursuant to
 1261  chapter 957. Moneys shall be deposited in the trust fund and
 1262  expenditures made from the trust fund as provided in s. 945.215.
 1263         Section 25. For the purpose of incorporating the amendment
 1264  made by this act to section 945.215, Florida Statutes, in a
 1265  reference thereto, subsection (1) of section 945.21501, Florida
 1266  Statutes, is reenacted to read:
 1267         945.21501 Employee Benefit Trust Fund.—
 1268         (1) There is hereby created in the Department of
 1269  Corrections the Employee Benefit Trust Fund. The purpose of the
 1270  trust fund shall be to:
 1271         (a) Construct, operate, and maintain training and
 1272  recreation facilities at correctional facilities for the
 1273  exclusive use of department employees. Any facility constructed
 1274  using funds from the Employee Benefit Trust Fund is the property
 1275  of the department and must provide the maximum benefit to all
 1276  interested employees, regardless of gender.
 1277         (b) Provide funding for employee appreciation programs and
 1278  activities designed to enhance the morale of employees.
 1279  
 1280  Moneys shall be deposited in the trust fund as provided in s.
 1281  945.215.
 1282         Section 26. For the purpose of incorporating the amendment
 1283  made by this act to section 945.215, Florida Statutes, in a
 1284  reference thereto, section 945.2151, Florida Statutes, is
 1285  reenacted to read:
 1286         945.2151 Verifying social security numbers.—Prior to
 1287  opening a canteen account pursuant to s. 945.215, an inmate who
 1288  is eligible to receive a social security number must report his
 1289  or her social security number. The department shall, in
 1290  adherence with its agreement with the Social Security
 1291  Administration and in a timely manner, submit sufficient and
 1292  necessary information to verify that the reported inmate’s
 1293  social security number is accurate and properly belongs to the
 1294  inmate. If the Social Security Administration is unable to
 1295  verify a reported social security number for an inmate, the
 1296  department shall prohibit canteen purchases by the inmate if the
 1297  department concludes that the inmate was deceptive in reporting
 1298  the social security number. The prohibition against purchasing
 1299  canteen items will remain in effect until a verified social
 1300  security number is obtained.
 1301         Section 27. The sum of $808,709 is appropriated to the
 1302  Corrections Commission from recurring general revenue funds for
 1303  the 2015-2016 fiscal year and eight full-time equivalent
 1304  positions are authorized with salary of $525,000 and associated
 1305  salary rate of 525,000, benefits of $204,650, and standard
 1306  expenses of $79,059. The sum of $400,000 is appropriated to the
 1307  commission from recurring general revenue funds for the 2015
 1308  2016 fiscal year, which funds shall be used for travel and
 1309  expenses of the commissioners and commission employees. The sum
 1310  of $96,000 is appropriated to the commission from nonrecurring
 1311  general revenue for the 2015-2016 fiscal year, which funds shall
 1312  be used to purchase vehicles for use by employees of the
 1313  commission.
 1314         Section 28. The sum of $439,548 is appropriated to the
 1315  Correctional Medical Authority from recurring general revenue
 1316  funds for the 2015-2016 fiscal year and an additional six full
 1317  time equivalent positions are authorized with salary of $276,000
 1318  and associated salary rate of 276,000, benefits of $103,260, and
 1319  standard expenses of $60,288. The sum of $350,000 is
 1320  appropriated to the authority from recurring general revenue
 1321  funds for the 2015-2016 fiscal year for health surveyor contract
 1322  fees.
 1323         Section 29. The sum of $1,000,000 is appropriated to the
 1324  Department of Corrections from recurring general revenue for the
 1325  2015-2016 fiscal year for expenses to provide crisis
 1326  intervention training for correctional officers who have close
 1327  contact with inmates housed in a mental health treatment
 1328  facility, as required by this act.
 1329         Section 30. The sum of $5,000,000 in recurring funds is
 1330  appropriated from the State Operated Institutions Inmate Welfare
 1331  Trust Fund to the Department of Corrections for the following
 1332  purposes:
 1333         1. To provide literacy programs, vocational training
 1334  programs, and educational programs;
 1335         2. To operate inmate chapels, faith-based programs,
 1336  visiting pavilions, visiting services and programs, family
 1337  services and programs, and libraries;
 1338         3. To provide inmate substance abuse treatment programs and
 1339  transition and life skills training programs;
 1340         4. To provide for the purchase, rental, maintenance or
 1341  repair of electronic or audio visual equipment used by inmates;
 1342         5. To provide for the purchase, rental, maintenance or
 1343  repair of recreation and wellness equipment; or
 1344         6. To provide for the purchase, rental, maintenance, or
 1345  repair of bicycles used by inmates traveling to and from
 1346  employment in the work-release program authorized in s.
 1347  945.091(1)(b).
 1348  
 1349  This appropriation is contingent on SB 540 or similar
 1350  legislation creating the “State Operated Institutions Inmate
 1351  Welfare Trust Fund” being adopted in the 2015 Regular Session or
 1352  an extension thereof and becoming law.
 1353         Section 31. Except as otherwise provided in this act, this
 1354  act shall take effect July 1, 2015.