Senate Bill 1556c1

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    Florida Senate - 1998                           CS for SB 1556

    By the Committee on Criminal Justice and Senator Williams





    307-2182-98

  1                      A bill to be entitled

  2         An act relating to access to records and

  3         personal information by inmates and other

  4         offenders under correctional supervision;

  5         amending s. 945.10, F.S., relating to

  6         confidential information and other information

  7         available to inmates and offenders in the

  8         correctional system or under supervision;

  9         defining terms; prohibiting certain disclosure

10         or use of certain "personal information about

11         another person," as defined, by an inmate or

12         offender with intent to obtain a benefit from,

13         harass, harm, or defraud such person; providing

14         penalties; providing that an inmate or offender

15         convicted of such offense is prohibited from

16         subsequent participation in correctional work

17         programs or other programs; providing that an

18         inmate or offender convicted of such offense is

19         subject to forfeiture of gain-time; providing

20         for adoption of rules by the department;

21         providing an effective date.

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23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Section 945.10, Florida Statutes, is

26  amended to read:

27         945.10  Confidential information; illegal acts;

28  penalties.--

29         (1)  Except as otherwise provided by law or in this

30  section, the following records and information of the

31  Department of Corrections are confidential and exempt from the

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    Florida Senate - 1998                           CS for SB 1556
    307-2182-98




  1  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

  2  Constitution:

  3         (a)  Mental health, medical, or substance abuse records

  4  of an inmate or an offender.

  5         (b)  Preplea, pretrial intervention, presentence or

  6  postsentence investigative records.

  7         (c)  Information regarding a person in the federal

  8  witness protection program.

  9         (d)  Parole Commission records which are confidential

10  or exempt from public disclosure by law.

11         (e)  Information which if released would jeopardize a

12  person's safety.

13         (f)  Information concerning a victim's statement and

14  identity.

15         (g)  The identity of an executioner.

16         (h)  Records that are otherwise confidential or exempt

17  from public disclosure by law.

18         (2)  The records and information specified in

19  paragraphs (1)(b)-(h) may be released as follows unless

20  expressly prohibited by federal law:

21         (a)  Information specified in paragraphs (1)(b), (d),

22  and (f) to the Office of the Governor, the Legislature, the

23  Parole Commission, the Department of Health and Rehabilitative

24  Services, a private correctional facility or program that

25  operates under a contract, the Department of Legal Affairs, a

26  state attorney, the court, or a law enforcement agency. A

27  request for records or information pursuant to this paragraph

28  need not be in writing.

29         (b)  Information specified in paragraphs (1)(c), (e),

30  and (h) to the Office of the Governor, the Legislature, the

31  Parole Commission, the Department of Health and Rehabilitative

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    Florida Senate - 1998                           CS for SB 1556
    307-2182-98




  1  Services, a private correctional facility or program that

  2  operates under contract, the Department of Legal Affairs, a

  3  state attorney, the court, or a law enforcement agency. A

  4  request for records or information pursuant to this paragraph

  5  must be in writing and a statement provided demonstrating a

  6  need for the records or information.

  7         (c)  Information specified in paragraph (1)(b) to an

  8  attorney representing an inmate under sentence of death,

  9  except those portions of the records containing a victim's

10  statement or address, or the statement or address of a

11  relative of the victim. A request for records of information

12  pursuant to this paragraph must be in writing and a statement

13  provided demonstrating a need for the records or information.

14         (d)  Information specified in paragraph (1)(b) to a

15  public defender representing a defendant, except those

16  portions of the records containing a victim's statement or

17  address, or the statement or address of a relative of the

18  victim. A request for records or information pursuant to this

19  paragraph need not be in writing.

20         (e)  Information specified in paragraph (1)(b) to state

21  or local governmental agencies. A request for records or

22  information pursuant to this paragraph must be in writing and

23  a statement provided demonstrating a need for the records or

24  information.

25         (f)  Information specified in paragraph (1)(b) to a

26  person conducting legitimate research. A request for records

27  and information pursuant to this paragraph must be in writing,

28  the person requesting the records or information must sign a

29  confidentiality agreement, and the department must approve the

30  request in writing.

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    Florida Senate - 1998                           CS for SB 1556
    307-2182-98




  1  Records and information released under this subsection remain

  2  confidential and exempt from the provisions of s. 119.07(1)

  3  and s. 24(a), Art. I of the State Constitution when held by

  4  the receiving person or entity.

  5         (3)  Due to substantial concerns regarding

  6  institutional security and unreasonable and excessive demands

  7  on personnel and resources if an inmate or an offender has

  8  unlimited or routine access to records of the Department of

  9  Corrections, an inmate or an offender who is under the

10  jurisdiction of the department may not have unrestricted

11  access to the department's records or to information contained

12  in the department's records. However, except as to another

13  inmate's or offender's records, the department may permit

14  limited access to its records if an inmate or an offender

15  makes a written request and demonstrates an exceptional need

16  for information contained in the department's records and the

17  information is otherwise unavailable. Exceptional

18  circumstances include, but are not limited to:

19         (a)  The inmate or offender requests documentation to

20  resolve a conflict between the inmate's court documentation

21  and the commitment papers or court orders received by the

22  department regarding the inmate or offender.

23         (b)  The inmate's or offender's release is forthcoming

24  and a prospective employer requests, in writing, documentation

25  of the inmate's or offender's work performance.

26         (c)  The inmate or offender needs information

27  concerning the amount of victim restitution paid during the

28  inmate's or offender's incarceration.

29         (d)  The requested records contain information required

30  to process an application or claim by the inmate or offender

31  with the Internal Revenue Service, the Social Security

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    Florida Senate - 1998                           CS for SB 1556
    307-2182-98




  1  Administration, the Department of Labor and Employment

  2  Security, or any other similar application or claim with a

  3  state agency or federal agency.

  4         (e)  The inmate or offender wishes to obtain the

  5  current address of a relative whose address is in the

  6  department's records and the relative has not indicated a

  7  desire not to be contacted by the inmate or offender.

  8         (f)  Other similar circumstances that do not present a

  9  threat to the security, order, or rehabilitative objectives of

10  the correctional system or to any person's safety.

11         (4)  The Department of Corrections shall adopt rules to

12  prevent disclosure of confidential records or information to

13  unauthorized persons.

14         (5)  The Department of Corrections and the Parole

15  Commission shall mutually cooperate with respect to

16  maintaining the confidentiality of records that are exempt

17  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

18  the State Constitution.

19         (6)(a)  As used in this subsection:

20         1.  The term "personal information about another

21  person" means the home addresses, telephone numbers, social

22  security numbers, and photographs of health care clinicians of

23  the Department of Corrections who are licensed or certified

24  pursuant to chapter 458, chapter 459, chapter 464, chapter

25  465, chapter 466, or chapter 490 and of educational personnel

26  of the Department of Corrections who are certified pursuant to

27  s. 231.17 and of other state officers and employees whose

28  duties are performed in whole or in part in state correctional

29  institutions; the home addresses, telephone numbers, social

30  security numbers, photographs, and places of employment of the

31  spouses and children of such persons; and the names and

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    Florida Senate - 1998                           CS for SB 1556
    307-2182-98




  1  locations of schools and day care facilities attended by the

  2  children of such persons.

  3         2.  The terms "another person" and "such person" mean

  4  any person described in subparagraph 1.

  5         3.  The term "harass" means engaging in a course of

  6  conduct directed at another person which causes substantial

  7  emotional distress to such person and serves no legitimate

  8  purpose.

  9         (b)  An inmate or offender in the correctional system

10  or under correctional supervision, whether on parole,

11  probation, postrelease supervision, or any other form of

12  supervision, is prohibited from disclosing or using personal

13  information about another person with the intent to obtain a

14  benefit from, harass, harm, or defraud such person. Any inmate

15  or offender who violates this section commits a felony of the

16  third degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084.

18         (c)  An inmate or offender who has been convicted of an

19  offense under paragraph (b) is prohibited from subsequently

20  participating in any correctional work or other correctional

21  program that provides inmates or offenders with access to

22  personal information about persons who are not in the

23  correctional system or under correctional supervision. If,

24  during a term of imprisonment, an inmate or offender is

25  convicted of the offense under paragraph (b), the inmate or

26  offender shall be subject to forfeiture of all or any part of

27  his or her gain-time pursuant to rules adopted by the

28  department. The department may adopt rules to prohibit the

29  subsequent participation of an inmate who has been convicted

30  of an offense under paragraph (b) in any correctional work or

31  other correctional program that provides inmates access to

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    Florida Senate - 1998                           CS for SB 1556
    307-2182-98




  1  personal information about another person. The department may

  2  also adopt rules to implement the forfeiture or deletion of

  3  gain-time.

  4         Section 2.  This act shall take effect October 1, 1998.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 1556

  8

  9  .    Provides that it is a third degree felony for an inmate
         under supervision who obtains access to confidential
10       information regarding a correctional officer or employee
         to disclose or use that information with the intent to
11       obtain a benefit from, defraud, harass, or harm the
         officer or employee.
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    .    Defines the terms "harass," "another person" and "such
13       person."

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