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CS/SB 1236 — County and Municipal Detention Facilities
by Rules Committee and Senator Jones
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Community Affairs Committee (CA)
The bill establishes the Florida Model Jail Standards (FMJS) Working Group to develop and maintain model standards for county and municipal detention facilities. The FMJS Working Group is comprised of seven members appointed by the Florida Sheriff’s Association and the Florida Association of Counties. The bill requires every sheriff, county, city, or other entity that operates a county or municipal detention facility to adopt, at a minimum, the approved FMJS, which address the construction, equipping, maintenance, and operation of these facilities.
Under the bill’s provisions, each county or municipal detention facility must be inspected at least twice annually by a FMJS-certified inspector. One inspection is announced and the other inspection is unannounced. The announced inspection evaluates a facility’s compliance with all the FMJS and the unannounced inspection is limited to a review for serious violations. The bill prohibits a county or municipal detention facility from refusing to be inspected or refusing access to its facility. If the officer in charge of the facility refuses, that person is subject to monetary penalties.
The bill provides if, upon inspection, a facility is noncompliant with the FMJS, it has 30 days to cure the noncompliance, if it is not a serious violation. If it is a serious violation, the facility has 24 days to cure the noncompliance. For notable, or non-serious violations, the facility will be re-inspected within 10 days after the 30-day correction period.
The bill assigns monetary penalties for noncompliance with the FMJS if an annual inspection reveals that a detention facility is noncompliant with a notable violation and the noncompliance is not corrected within the initial 30-day correction period.
Also, if a second re-inspection for a notable violation or serious violation reveals that the detention facility continues to be noncompliant, the facility must cease operation of the detention facility within 14 days and must contract with one or more other detention facilities to house its prisoners until the facility is determined to be in compliance with the FMJS.
If approved by the Governor, these provisions take effect July 1, 2022.
Vote: Senate 39-0; House 109-0