Florida Senate - 2017                                    SB 1604
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01078B-17                                          20171604__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Corrections;
    3         amending s. 110.205, F.S.; exempting specified
    4         positions from the career service system; amending s.
    5         943.04, F.S.; authorizing the Department of Law
    6         Enforcement to issue an investigative demand seeking
    7         the production of an inmate’s protected health
    8         information, medical records, or mental health records
    9         under certain circumstances; specifying requirements
   10         for the investigative demand; amending s. 944.151,
   11         F.S.; revising legislative intent; revising membership
   12         requirements for the safety and security review
   13         committee appointed by the Department of Corrections;
   14         specifying the duties of the committee; requiring the
   15         department to direct appropriate staff to complete
   16         specified duties of the department; revising
   17         scheduling requirements for inspections of state and
   18         private correctional institutions and facilities;
   19         revising the list of institutions that must be given
   20         priority for inspection; revising the list of
   21         institutions that must be given priority for certain
   22         security audits; revising minimum audit and evaluation
   23         requirements; requiring the department to direct
   24         appropriate staff to review staffing policies and
   25         practices as needed; conforming provisions to changes
   26         made by the act; amending s. 944.17, F.S.; authorizing
   27         the department to receive specified documents
   28         electronically at its discretion; amending s. 944.275,
   29         F.S.; revising the conditions on which an inmate may
   30         be granted a one-time award of 60 additional days of
   31         incentive gain-time by the department; amending s.
   32         944.597, F.S.; revising provisions relating to
   33         training of transport company’s employees before
   34         transporting prisoners; amending s. 945.36, F.S.;
   35         exempting employees of a contracted community
   36         correctional center from certain health testing
   37         regulations for the limited purpose of administering
   38         urine screen drug tests on inmates and releasees;
   39         amending s. 958.11, F.S.; deleting a provision
   40         authorizing the department to assign 18-year-old
   41         youthful offenders to the 19-24 age group facility
   42         under certain circumstances; deleting a condition that
   43         all female youth offenders are allowed to continue to
   44         be housed together only until certain institutions are
   45         established or adapted for separation by age and
   46         custody classifications; authorizing inmates who are
   47         17 years of age or under to be placed at an adult
   48         facility for specified purposes, subject to certain
   49         conditions; authorizing the department to retain
   50         certain youthful offenders until 25 years of age in a
   51         facility designated for 18- to 22-year-old youth
   52         offenders under certain circumstances; conforming
   53         provisions to changes made by the act; providing an
   54         effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Paragraph (m) of subsection (2) of section
   59  110.205, Florida Statutes, is amended to read:
   60         110.205 Career service; exemptions.—
   61         (2) EXEMPT POSITIONS.—The exempt positions that are not
   62  covered by this part include the following:
   63         (m) All assistant division director, deputy division
   64  director, and bureau chief positions in any department, and
   65  those positions determined by the department to have managerial
   66  responsibilities comparable to such positions, which include,
   67  but are not limited to:
   68         1. Positions in the Department of Health and the Department
   69  of Children and Families which are assigned primary duties of
   70  serving as the superintendent or assistant superintendent of an
   71  institution.
   72         2. Positions in the Department of Corrections which are
   73  assigned primary duties of serving as the warden, assistant
   74  warden, colonel, or major, captain, or lieutenant of an
   75  institution or which that are assigned primary duties of serving
   76  as the circuit administrator, or deputy circuit administrator,
   77  correctional probation supervisor, or senior supervisor.
   78         3. Positions in the Department of Transportation which are
   79  assigned primary duties of serving as regional toll managers and
   80  managers of offices, as specified in s. 20.23(3)(b) and (4)(c).
   81         4. Positions in the Department of Environmental Protection
   82  which are assigned the duty of an Environmental Administrator or
   83  program administrator.
   84         5. Positions in the Department of Health which are assigned
   85  the duties of Environmental Administrator, Assistant County
   86  Health Department Director, and County Health Department
   87  Financial Administrator.
   88         6. Positions in the Department of Highway Safety and Motor
   89  Vehicles which are assigned primary duties of serving as
   90  captains in the Florida Highway Patrol.
   91  
   92  Unless otherwise fixed by law, the department shall set the
   93  salary and benefits of the positions listed in this paragraph in
   94  accordance with the rules established for the Selected Exempt
   95  Service.
   96         Section 2. Subsection (6) is added to section 943.04,
   97  Florida Statutes, to read:
   98         943.04 Criminal Justice Investigations and Forensic Science
   99  Program; creation; investigative, forensic, and related
  100  authority.—
  101         (6)(a)In furtherance of the duties and responsibilities of
  102  the inspector general under s. 944.31, if the Department of Law
  103  Enforcement is conducting an investigation or assisting in the
  104  investigation of an injury to or death of an inmate which occurs
  105  while the inmate is under the custody or control of the
  106  Department of Corrections, the department is authorized to,
  107  before the initiation of a criminal proceeding relating to such
  108  injury or death, issue in writing and serve upon the Department
  109  of Corrections an investigative demand seeking the production of
  110  the inmate’s protected health information, medical records, or
  111  mental health records as specified in s. 945.10(1)(a). The
  112  department shall use such records for the limited purpose of
  113  investigating or assisting in an investigation of an injury to
  114  or death of an inmate for which the records were requested. Any
  115  records disclosed pursuant to this subsection remain
  116  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  117  of the State Constitution in accordance with s. 945.10(2).
  118         (b)The investigative demand must be specific and limited
  119  in scope to the extent reasonably practicable in light of the
  120  purpose for which the protected health information or records
  121  are sought and must include a certification that:
  122         1.The protected health information or records sought are
  123  relevant and material to a legitimate law enforcement inquiry;
  124         2.There is a clear connection between the investigated
  125  incident and the inmate whose protected health information and
  126  records are sought; and
  127         3.De-identified information could not reasonably be used.
  128         Section 3. Section 944.151, Florida Statutes, is amended to
  129  read:
  130         944.151 Safe operation and security of correctional
  131  institutions and facilities.—It is the intent of the Legislature
  132  that the Department of Corrections shall be responsible for the
  133  safe operation and security of the correctional institutions and
  134  facilities. The safe operation and security of the state’s
  135  correctional institutions and facilities are is critical to
  136  ensure public safety and the safety of department employees and
  137  offenders, and to contain violent and chronic offenders until
  138  offenders are otherwise released from the department’s custody
  139  pursuant to law. The Secretary of Corrections shall, at a
  140  minimum:
  141         (1) Appoint appropriate department staff to a safety and
  142  security review committee that which shall evaluate new safety
  143  and security technology, review and discuss current issues
  144  impacting state and private correctional institutions and
  145  facilities, and review and discuss other issues as requested by
  146  department management., at a minimum, be composed of: the
  147  inspector general, the statewide security coordinator, the
  148  regional security coordinators, and three wardens and one
  149  correctional officer. The security review committee shall:
  150         (2)(a)Direct appropriate department staff to establish a
  151  periodic schedule for the physical inspection of buildings and
  152  structures of each state and private correctional institution
  153  and facility to determine safety and security deficiencies. In
  154  scheduling the inspections, priority shall be given to older
  155  institutions and facilities;, institutions and facilities that
  156  house a large proportion of violent offenders; institutions and
  157  facilities that have experienced a significant number of
  158  inappropriate incidents of use of force on inmates, assaults on
  159  employees, or inmate sexual abuse;, and institutions and
  160  facilities that have experienced a significant number of escapes
  161  or escape attempts in the past.
  162         (3)(b)Direct appropriate department staff to conduct or
  163  cause to be conducted announced and unannounced comprehensive
  164  security audits of all state and private correctional
  165  institutions and facilities. Priority shall be given to those
  166  institutions and facilities that have experienced a significant
  167  number of inappropriate incidents of use of force on inmates,
  168  assaults on employees, or sexual abuse In conducting the
  169  security audits, priority shall be given to older institutions,
  170  institutions that house a large proportion of violent offenders,
  171  and institutions that have experienced a history of escapes or
  172  escape attempts. At a minimum, the audit must shall include an
  173  evaluation of the physical plant, landscaping, fencing, security
  174  alarms and perimeter lighting, and confinement, arsenal, key and
  175  lock, and entrance and exit inmate classification and staffing
  176  policies. The evaluation of the physical plant policies must
  177  include the identification of blind spots or areas where staff
  178  or inmates may be isolated and the deployment of video
  179  monitoring systems and other appropriate monitoring technologies
  180  in such spots or areas. Each correctional institution and
  181  facility shall be audited at least annually. The secretary shall
  182  annually report the audit general survey findings annually to
  183  the Governor and the Legislature.
  184         (c) Adopt and enforce minimum security standards and
  185  policies that include, but are not limited to:
  186         1. Random monitoring of outgoing telephone calls by
  187  inmates.
  188         2. Maintenance of current photographs of all inmates.
  189         3. Daily inmate counts at varied intervals.
  190         4. Use of canine units, where appropriate.
  191         5. Use of escape alarms and perimeter lighting.
  192         6. Florida Crime Information Center/National Crime
  193  Information Center capabilities.
  194         7. Employment background investigations.
  195         (d) Annually make written prioritized budget
  196  recommendations to the secretary that identify critical security
  197  deficiencies at major correctional institutions.
  198         (4)(e)Direct appropriate department staff to investigate
  199  and evaluate the usefulness and dependability of existing safety
  200  and security technology at state and private correctional the
  201  institutions and facilities, investigate and evaluate new
  202  available safety and security technology, available and make
  203  periodic written recommendations to the secretary on the
  204  discontinuation or purchase of various safety and security
  205  devices.
  206         (5)(f)Direct appropriate department staff to contract, if
  207  deemed necessary, with security personnel, consulting engineers,
  208  architects, or other safety and security experts the department
  209  committee deems necessary for safety and security audits and
  210  security consultant services.
  211         (6)(g)Direct appropriate department staff, in conjunction
  212  with the regional offices, to establish a periodic schedule for
  213  conducting announced and unannounced escape simulation drills.
  214         (7)(2)Direct appropriate department staff to maintain and
  215  produce quarterly reports with accurate escape statistics. For
  216  the purposes of these reports, the term “escape” includes all
  217  possible types of escape, regardless of prosecution by the state
  218  attorney, and includes including offenders who walk away from
  219  nonsecure community facilities.
  220         (8)(3)Direct appropriate department staff to adopt,
  221  enforce, and annually evaluate the emergency escape response
  222  procedures, which must shall at a minimum include the immediate
  223  notification and inclusion of local and state law enforcement
  224  through a mutual aid agreement.
  225         (9)Direct appropriate department staff to review staffing
  226  policies and practices as needed.
  227         (10)Direct appropriate department staff to adopt and
  228  enforce minimum safety and security standards and policies that
  229  include, but are not limited to:
  230         (a)Random monitoring of outgoing telephone calls by
  231  inmates.
  232         (b)Maintenance of current photographs of all inmates.
  233         (c)Daily inmate counts at varied intervals.
  234         (d)Use of canine units, where appropriate.
  235         (e)Use of escape alarms and perimeter lighting.
  236         (f)Use of the Florida Crime Information Center and
  237  National Crime Information Center capabilities.
  238         (g)Employment background investigations.
  239         (11)(4)Direct appropriate department staff to submit in
  240  the annual legislative budget request a prioritized summary of
  241  critical safety and security deficiencies and repair and
  242  renovation security needs.
  243         Section 4. Subsection (5) of section 944.17, Florida
  244  Statutes, is amended to read:
  245         944.17 Commitments and classification; transfers.—
  246         (5) The department shall also refuse to accept a person
  247  into the state correctional system unless the following
  248  documents are presented in a completed form by the sheriff or
  249  chief correctional officer, or a designated representative, to
  250  the officer in charge of the reception process. The department
  251  may, at its discretion, receive such documents electronically:
  252         (a) The uniform commitment and judgment and sentence forms
  253  as described in subsection (4).
  254         (b) The sheriff’s certificate as described in s. 921.161.
  255         (c) A certified copy of the indictment or information
  256  relating to the offense for which the person was convicted.
  257         (d) A copy of the probable cause affidavit for each offense
  258  identified in the current indictment or information.
  259         (e) A copy of the Criminal Punishment Code scoresheet and
  260  any attachments thereto prepared pursuant to Rule 3.701, Rule
  261  3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
  262  any other rule pertaining to the preparation of felony
  263  sentencing scoresheets.
  264         (f) A copy of the restitution order or the reasons by the
  265  court for not requiring restitution pursuant to s. 775.089(1).
  266         (g) The name and address of any victim, if available.
  267         (h) A printout of a current criminal history record as
  268  provided through an FCIC/NCIC printer.
  269         (i) Any available health assessments including medical,
  270  mental health, and dental, including laboratory or test
  271  findings; custody classification; disciplinary and adjustment;
  272  and substance abuse assessment and treatment information which
  273  may have been developed during the period of incarceration
  274  before prior to the transfer of the person to the department’s
  275  custody. Available information shall be transmitted on standard
  276  forms developed by the department.
  277  
  278  In addition, the sheriff or other officer having such person in
  279  charge shall also deliver with the foregoing documents any
  280  available presentence investigation reports as described in s.
  281  921.231 and any attached documents. After a prisoner is admitted
  282  into the state correctional system, the department may request
  283  such additional records relating to the prisoner as it considers
  284  necessary from the clerk of the court, the Department of
  285  Children and Families, or any other state or county agency for
  286  the purpose of determining the prisoner’s proper custody
  287  classification, gain-time eligibility, or eligibility for early
  288  release programs. An agency that receives such a request from
  289  the department must provide the information requested. The
  290  department may, at its discretion, receive such information
  291  electronically.
  292         Section 5. Paragraph (d) of subsection (4) of section
  293  944.275, Florida Statutes, is amended to read:
  294         944.275 Gain-time.—
  295         (4)
  296         (d) Notwithstanding the monthly maximum awards of incentive
  297  gain-time under subparagraphs (b)1., and 2., and 3., the
  298  education program manager shall recommend, and the Department of
  299  Corrections may grant, a one-time award of 60 additional days of
  300  incentive gain-time to an inmate who is otherwise eligible and
  301  who successfully completes requirements for and is, or has been
  302  during the current commitment, awarded a high school equivalency
  303  diploma or vocational certificate. Under no circumstances may an
  304  inmate receive more than 60 days for educational attainment
  305  pursuant to this section.
  306         Section 6. Subsection (2) of section 944.597, Florida
  307  Statutes, is amended to read:
  308         944.597 Transportation and return of prisoners by private
  309  transport company.—
  310         (2) The department shall include, but is shall not be
  311  limited to, the following requirements in any contract with any
  312  transport company:
  313         (a) That the transport company shall maintain adequate
  314  liability coverage with respect to the transportation of
  315  prisoners.;
  316         (b) That the transport company shall require its employees
  317  to complete at least 100 hours of training before transporting
  318  prisoners. The curriculum for such training must be approved by
  319  the department and include instruction in:
  320         1.Use of restraints;
  321         2.Searches of prisoners;
  322         3.Use of force, including use of appropriate weapons and
  323  firearms;
  324         4.Cardiopulmonary resuscitation;
  325         5.Map reading; and
  326         6.Defensive driving. personnel employed with the transport
  327  company who are based in the state shall meet the minimum
  328  standards in accordance with s. 943.13 and that personnel
  329  employed with the transport company based outside of Florida
  330  shall meet the minimum standards for a correctional officer or
  331  law enforcement officer in the state where the employee is
  332  based;
  333         (c) That the transport company shall adhere to standards
  334  which provide for humane treatment of prisoners while in the
  335  custody of the transport company.;
  336         (d) That the transport company shall submit reports to the
  337  department regarding incidents of escape, use of force, and
  338  accidents involving prisoners in the custody of the transport
  339  company.
  340         Section 7. Section 945.36, Florida Statutes, is amended to
  341  read:
  342         945.36 Exemption from health testing regulations for law
  343  enforcement personnel conducting drug tests on inmates and
  344  releasees.—
  345         (1) Any law enforcement officer, state or county probation
  346  officer, or employee of the Department of Corrections, or
  347  employee of a contracted community correctional center who is
  348  certified by the Department of Corrections pursuant to
  349  subsection (2), is exempt from part I of chapter 483, for the
  350  limited purpose of administering a urine screen drug test to:
  351         (a) Persons during incarceration;
  352         (b) Persons released as a condition of probation for either
  353  a felony or misdemeanor;
  354         (c) Persons released as a condition of community control;
  355         (d) Persons released as a condition of conditional release;
  356         (e) Persons released as a condition of parole;
  357         (f) Persons released as a condition of provisional release;
  358         (g) Persons released as a condition of pretrial release; or
  359         (h) Persons released as a condition of control release.
  360         (2) The Department of Corrections shall develop a procedure
  361  for certification of any law enforcement officer, state or
  362  county probation officer, or employee of the Department of
  363  Corrections, or employee of a contracted community correctional
  364  center to perform a urine screen drug test on the persons
  365  specified in subsection (1).
  366         Section 8. Section 958.11, Florida Statutes, is amended to
  367  read:
  368         958.11 Designation of institutions and programs for
  369  youthful offenders; assignment from youthful offender
  370  institutions and programs.—
  371         (1) The department shall by rule designate separate
  372  institutions and programs for youthful offenders and shall
  373  employ and utilize personnel specially qualified by training and
  374  experience to operate all such institutions and programs for
  375  youthful offenders. Youthful offenders who are at least 14 years
  376  of age but who have not yet reached the age of 18 19 years at
  377  the time of reception shall be separated from youthful offenders
  378  who are 18 19 years of age or older, except that if the
  379  population of the facilities designated for 14-year-old to 18
  380  year-old youthful offenders exceeds 100 percent of lawful
  381  capacity, the department may assign 18-year-old youthful
  382  offenders to the 19-24 age group facility.
  383         (2) Youthful offender institutions and programs shall
  384  contain only those youthful offenders sentenced as such by a
  385  court or classified as such by the department, pursuant to the
  386  requirements of subsections (7) (4) and (9) (6), except that
  387  under special circumstances select adult offenders may be
  388  assigned to youthful offender institutions. All female youthful
  389  offenders of all ages may continue to be housed together at
  390  those institutions designated by department rule until such time
  391  as institutions for female youthful offenders are established or
  392  adapted to allow for separation by age and to accommodate all
  393  custody classifications.
  394         (3) The department may assign a youthful offender who is 18
  395  years of age or older to a facility in the state correctional
  396  system which is not designated for the care, custody, control,
  397  and supervision of youthful offenders or an age group only in
  398  the following circumstances:
  399         (a) If the youthful offender is convicted of a new crime
  400  that which is a felony under the laws of this state.
  401         (b) If the youthful offender becomes such a serious
  402  management or disciplinary problem resulting from serious
  403  violations of the rules of the department that his or her
  404  original assignment would be detrimental to the interests of the
  405  program and to other inmates committed thereto.
  406         (c) If the youthful offender needs medical treatment,
  407  health services, or other specialized treatment otherwise not
  408  available at the youthful offender facility.
  409         (d) If the department determines that the youthful offender
  410  should be transferred outside of the state correctional system,
  411  as provided by law, for services not provided by the department.
  412         (e) If bed space is not available in a designated community
  413  residential facility, the department may assign a youthful
  414  offender to a community residential facility, provided that the
  415  youthful offender is separated from other offenders insofar as
  416  is practical.
  417         (4) The department may assign a youthful offender whose age
  418  does not exceed 17 years to an adult facility for medical or
  419  mental health reasons, for protective management, or for close
  420  management. The youthful offender shall be separated from
  421  offenders who are 18 years of age or older.
  422         (5)(f) If the youthful offender was originally assigned to
  423  a facility designated for 14- to 17-year-old 14-year-old to 18
  424  year-old youthful offenders, but subsequently reaches the age of
  425  18 19 years, the department may retain the youthful offender in
  426  a the facility designated for 18- to 22-year-old youthful
  427  offenders if the department determines that it is in the best
  428  interest of the youthful offender and the department.
  429         (6) If the youthful offender was originally assigned to a
  430  facility designated for 18- to 22-year-old youthful offenders,
  431  but subsequently reaches the age of 23 years, the department may
  432  retain the offender in the facility until the age of 25 if the
  433  department determines that it is in the best interest of the
  434  youthful offender and the department.
  435         (g) If the department determines that a youthful offender
  436  originally assigned to a facility designated for the 19-24 age
  437  group is mentally or physically vulnerable by such placement,
  438  the department may reassign a youthful offender to a facility
  439  designated for the 14-18 age group if the department determines
  440  that a reassignment is necessary to protect the safety of the
  441  youthful offender or the institution.
  442         (h) If the department determines that a youthful offender
  443  originally assigned to a facility designated for the 14-18 age
  444  group is disruptive, incorrigible, or uncontrollable, the
  445  department may reassign a youthful offender to a facility
  446  designated for the 19-24 age group if the department determines
  447  that a reassignment would best serve the interests of the
  448  youthful offender and the department.
  449         (7)(4) The department shall continuously screen all
  450  institutions, facilities, and programs for any inmate who meets
  451  the eligibility requirements for youthful offender designation
  452  specified in s. 958.04(1)(a) and (c) whose age does not exceed
  453  24 years and whose total length of sentence does not exceed 10
  454  years, and the department may classify and assign as a youthful
  455  offender any inmate who meets the criteria of this subsection.
  456         (8)(5) The department shall coordinate all youthful
  457  offender assignments or transfers and shall review and maintain
  458  access to full and complete documentation and substantiation of
  459  all such assignments or transfers of youthful offenders to or
  460  from facilities in the state correctional system which are not
  461  designated for their care, custody, and control, except
  462  assignments or transfers made pursuant to paragraph (3)(c).
  463         (9)(6) The department may assign to a youthful offender
  464  facility any inmate, except a capital or life felon, whose age
  465  does not exceed 19 years but who does not otherwise meet the
  466  criteria of this section, if the department determines that such
  467  inmate’s mental or physical vulnerability would substantially or
  468  materially jeopardize his or her safety in a nonyouthful
  469  offender facility. Assignments made under this subsection shall
  470  be included in the department’s annual report.
  471         Section 9. This act shall take effect July 1, 2017.