Senate Bill 1968

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    Florida Senate - 1998                                  SB 1968

    By Senator Burt





    16-1344-98

  1                      A bill to be entitled

  2         An act relating to the state correctional

  3         system; creating s. 944.185, F.S.; authorizing

  4         a board of county commissioners and certain

  5         private vendors to operate correctional

  6         facilities to house out-of-state inmates;

  7         requiring that the board or vendor submit

  8         certain information to the Department of

  9         Corrections; prohibiting the board or vendor

10         from accepting out-of-state inmates convicted

11         of certain specified offenses; requiring that

12         an offender be returned to the sending state

13         before release; amending s. 944.40, F.S.;

14         providing that certain penalties imposed for

15         the offense of escape apply to an escape from a

16         private correctional facility; amending s.

17         957.03, F.S.; providing additional

18         qualifications for a member of the Correctional

19         Privatization Commission; requiring a majority

20         of a quorum for the commission to take action;

21         revising requirements for the commission's

22         annual report to the Legislature; authorizing

23         the use of inmate labor in constructing a

24         correctional facility; requiring the contractor

25         to develop security procedures; providing

26         reporting requirements; creating s. 957.031,

27         F.S.; prohibiting a member of the Correctional

28         Privatization Commission and certain employees

29         and consultants from accepting benefits from or

30         performing certain services for a contractor or

31         corporation that has a business relationship

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  1         with the commission; amending s. 957.06, F.S.;

  2         deleting a requirement for cooperative

  3         agreements; creating s. 957.061, F.S.;

  4         requiring the commission and the Department of

  5         Corrections to enter into agreements with

  6         contractors for transferring inmates between

  7         facilities; amending s. 957.08, F.S.; providing

  8         for the transfer of inmates in accordance with

  9         such agreement; amending s. 957.125, F.S.;

10         deleting obsolete provisions with respect to

11         contracts by the Correctional Privatization

12         Commission; requiring the Florida Corrections

13         Commission to conduct an analysis of

14         correctional services and report to the

15         Governor and Legislature; requiring the

16         Correctional Privatization Commission to

17         contract for a correctional facility for female

18         inmates; specifying capacity; requiring that

19         the Correctional Privatization Commission

20         contract for certain studies of recidivism

21         rates; providing for development of a

22         methodology and sampling strategy; requiring a

23         report; repealing s. 944.711, F.S., relating to

24         requests for proposals; providing an effective

25         date.

26

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

28

29         Section 1.  Section 944.185, Florida Statutes, is

30  created to read:

31         944.185  Contracts for out-of-state inmates.--

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  1         (1)  The following entities, in addition to the

  2  Department of Corrections, may operate a correctional facility

  3  in this state to house inmates convicted of offenses committed

  4  in another state:

  5         (a)  The board of county commissioners of a county.

  6         (b)  A private vendor that operates a correctional

  7  facility under a contract with a board of county commissioners

  8  as provided in s. 951.062.

  9         (c)  A private vendor that operates a correctional

10  facility under a contract with the Correctional Privatization

11  Commission as provided in s. 957.03 or under a contract with

12  the Department of Corrections.

13         (d)  The Federal Government.

14         (2)  If a board of county commissioners or a private

15  vendor operates a correctional facility to house out-of-state

16  inmates, the board or the private vendor must submit to the

17  Department of Corrections:

18         (a)  A statement of the custody level and capacity of

19  the correctional facility.

20         (b)  The number of beds and the number of days the beds

21  will be available to house out-of-state inmates at the

22  correctional facility.

23         (c)  A written plan of procedure to be used to

24  coordinate the activities of law enforcement agencies in

25  response to any riot, rebellion, escape, or an emergency

26  situation that occurs at the facility.

27         (3)  Notwithstanding subsections (1) and (2), a board

28  of county commissioners or a private vendor may not accept any

29  out-of-state inmate who:

30         (a)  Has been convicted of a murder that would be

31  punishable as a felony if convicted of a similar offense under

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  1  the laws of this state, including, but not limited to, a

  2  violation of s. 782.04, relating to the unlawful killing of a

  3  human being.

  4         (b)  Has been convicted of a sexual offense that would

  5  be punishable as a felony if convicted of a similar offense

  6  under the laws of this state, including, but not limited to,

  7  s. 794.011, relating to sexual battery, and s. 800.04,

  8  relating to a lewd, lascivious, or indecent assault or act

  9  upon or in the presence of a child.

10         (c)  Has a record of violence while confined in another

11  state, violence that involved the use of a deadly weapon, or

12  any escape or attempted escape from secure custody.

13         (4)  Before an out-of-state offender incarcerated in

14  this state is released from incarceration, the inmate must be

15  returned to the sending state.

16         (5)  This section does not apply to a board of county

17  commissioners or a private vendor that operates a correctional

18  facility that houses only federal prisoners pursuant to a

19  contract with a federal agency. If the board of county

20  commissioners or a private vendor wishes to house out-of-state

21  inmates under a contract with another state, the board or

22  vendor must submit the information required under subsection

23  (2) to the Department of Corrections.

24         Section 2.  Section 944.40, Florida Statutes, is

25  amended to read:

26         944.40  Escapes; penalty.--Any prisoner confined in any

27  prison;, jail; private correctional facility;, road camp;, or

28  other penal institution, state, county, or municipal penal

29  institution; or an institution operated under a contract with

30  the state, a county, or a municipality;, working upon the

31  public roads;, or being transported to or from a place of

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  1  confinement, who escapes or attempts to escape from such

  2  confinement commits shall be guilty of a felony of the second

  3  degree, punishable as provided in s. 775.082, s. 775.083, or

  4  s. 775.084. The punishment of imprisonment imposed under this

  5  section shall run consecutive to any former sentence imposed

  6  upon any prisoner.

  7         Section 3.  Subsection (2), paragraph (f) of subsection

  8  (3), and subsection (4) of section 957.03, Florida Statutes,

  9  are amended to read:

10         957.03  Correctional Privatization Commission.--

11         (2)  MEMBERS; QUALIFICATIONS.--The commission shall

12  consist of five members appointed by the Governor, none of

13  whom may be an employee of the Department of Corrections or

14  the Department of Juvenile Justice, one of whom must be a

15  minority person as defined in s. 288.703(3), and four of whom

16  must be employed by the private sector.  A commissioner may

17  not have been an employee or a contract vendor of or a

18  consultant to the department or the Department of Juvenile

19  Justice, or an employee or a contract vendor of or a

20  consultant to a bidder, for 2 years prior to appointment to

21  the commission and may not become an employee or a contract

22  vendor of or a consultant to the department or the Department

23  of Juvenile Justice, or an employee or a contract vendor of or

24  a consultant to a bidder, for 2 years following the

25  termination of the appointment to the commission. At least one

26  member of the commission must have extensive

27  corrections-related knowledge and experience.

28         (3)  TERMS, ORGANIZATION, AND MEETINGS.--

29         (f)  The commission shall meet upon the call of the

30  chair or a majority of the members of the commission.  A

31  majority of the members of the commission constitutes a

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  1  quorum, and an affirmative vote by a majority of the quorum is

  2  necessary for an action by the commission to be binding. Each

  3  vote must be recorded in the minutes of the meeting.

  4         (4)  DUTIES.--

  5         (a)  The commission shall enter into a contract or

  6  contracts with one contractor per facility for the designing,

  7  acquiring, financing, leasing, constructing, and operating of

  8  that facility or, if specifically authorized by the

  9  Legislature, separately contract for any such services.  The

10  commission may shall not enter into any contract to design,

11  acquire, finance, lease, construct, or operate more than two

12  private correctional facilities without specific legislative

13  authorization.

14         (b)  In its request for proposals, the commission shall

15  invite innovation and may shall not require use of prototype

16  designs of state correctional facilities specified or designed

17  by or for the department or of state juvenile facilities

18  specified or designed by or for the Department of Juvenile

19  Justice.  The commission may shall not require the use of any

20  prototype design that specially advantages any contractor.

21         (c)  The commission must report to the Speaker of the

22  House of Representatives and the President of the Senate by

23  December 1 each year on the status and effectiveness of the

24  facilities under its management. Each report must also include

25  a comparison of recidivism rates for inmates of private

26  correctional facilities to the recidivism rates for inmates of

27  comparable facilities managed by the department.

28         (d)  In its request for proposals, the commission may

29  authorize the contractor to use inmate labor to assist in

30  constructing the facility. The Department of Corrections shall

31

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  1  assign available inmate work crews at the request of the

  2  commission and the contractor.

  3         (e)  In renegotiating or originating a contract on or

  4  after July 1, 1998, the commission may authorize a contractor

  5  to use selected inmates in a public works program under ss.

  6  946.40 and 946.41. If inmates are placed in a public works

  7  program, the contractor shall develop security procedures,

  8  which must be approved by the commission and the department,

  9  to ensure public safety.

10         (f)  The commission, with assistance from its

11  contractors, shall develop outcome performance measures

12  similar to the performance measures included in the General

13  Appropriations Act for the department under s. 216.0166 and

14  shall provide an annual report to the Legislature.

15         Section 4.  Section 957.031, Florida Statutes, is

16  created to read:

17         957.031  Prohibited conduct by commission member,

18  employee, or consultant.--

19         (1)  A member or employee of the commission, or a

20  consultant hired by the commission, who reviews, monitors, or

21  approves any contract for a private correctional facility may

22  not:

23         (a)  Solicit or accept, directly or indirectly, any

24  personal benefit or promise of benefit from any bidder,

25  potential bidder, or contractor.

26         (b)  Serve on the board of directors of any corporation

27  that is a subsidiary of, or financially associated with, any

28  corporation with which the commission has or may have a

29  business relationship of any kind.

30         (2)  This section does not contravene any provision of

31  s. 112.313, s. 112.3145, or s. 112.3148.

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  1         Section 5.  Section 957.06, Florida Statutes, is

  2  amended to read:

  3         957.06  Powers and duties not delegable to

  4  contractor.--A contract entered into under this chapter does

  5  not authorize, allow, or imply a delegation of authority to

  6  the contractor to:

  7         (1)  Make a final determination on the custody

  8  classification of an inmate.  The contractor may submit a

  9  recommendation for a custody change on an inmate; however, any

10  recommendation made shall be in compliance with the

11  department's custody classification system.

12         (2)  Choose the facility to which an inmate is

13  initially assigned or subsequently transferred. The contractor

14  may request, in writing, that an inmate be transferred to a

15  facility operated by the department. The commission, the

16  contractor, and a representative of the department shall

17  develop and implement a cooperative agreement for transferring

18  inmates between a correctional facility operated by the

19  department and a private correctional facility. The

20  department, the commission, and the contractor must comply

21  with the cooperative agreement.

22         (3)  Develop or adopt disciplinary rules or penalties

23  that differ from the disciplinary rules and penalties that

24  apply to inmates housed in correctional facilities operated by

25  the department.

26         (4)  Make a final determination on a disciplinary

27  action that affects the liberty of an inmate. The contractor

28  may remove an inmate from the general prison population during

29  an emergency, before final resolution of a disciplinary

30  hearing, or in response to an inmate's request for assigned

31  housing in protective custody.

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  1         (5)  Make a decision that affects the sentence imposed

  2  upon or the time served by an inmate, including a decision to

  3  award, deny, or forfeit gain-time.

  4         (6)  Make recommendations to the Parole Commission with

  5  respect to the denial or granting of parole, control release,

  6  conditional release, or conditional medical release. However,

  7  the contractor may submit written reports to the Parole

  8  Commission and must respond to a written request by the Parole

  9  Commission for information.

10         (7)  Develop and implement requirements that inmates

11  engage in any type of work or work program, except to the

12  extent provided by law or approved that those requirements are

13  accepted by the commission.

14         (8)  Determine inmate eligibility for any form of

15  conditional, temporary, or permanent release from a

16  correctional facility.

17         Section 6.  Section 957.061, Florida Statutes, is

18  created to read:

19         957.061  Cooperative transfer agreement.--The

20  commission and the department shall develop and implement a

21  cooperative agreement with each contractor that operates a

22  private correctional facility to provide procedures for

23  transferring inmates between the department's correctional

24  facilities and the private correctional facility. The

25  department, commission, and contractor shall comply with the

26  terms of the transfer agreement. The Florida Corrections

27  Commission shall periodically monitor and document compliance

28  with the transfer agreements, mediate disputes between the

29  department and the Correctional Privatization Commission, and

30  make recommendations to the Governor.

31

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  1         Section 7.  Section 957.08, Florida Statutes, is

  2  amended to read:

  3         957.08  Capacity requirements.--The department shall

  4  transfer and assign inmates prisoners, at a rate to be

  5  determined by contract the commission, to each private

  6  correctional facility opened pursuant to this chapter in an

  7  amount not less than 90 percent or more than 100 percent of

  8  the capacity of the facility pursuant to the contract with the

  9  commission.  The types of inmates prisoners transferred by the

10  department shall be in accordance with the cooperative

11  transfer agreement developed under s. 957.061 and represent a

12  cross section of the general inmate population, based on the

13  grade of custody or the offense of conviction, at the most

14  comparable facility operated by the department.

15         Section 8.  Section 957.125, Florida Statutes, is

16  amended to read:

17         957.125  Correctional facilities for youthful

18  offenders.--

19         (1)  The Correctional Privatization Commission may

20  enter into contracts in fiscal year 1994-1995 for designing,

21  financing, acquiring, leasing, constructing, and operating

22  three correctional facilities, notwithstanding s. 957.07.

23  These three facilities shall be designed to have a capacity of

24  up to 350 beds each and house inmates sentenced or classified

25  as youthful offenders within the custody of the Department of

26  Corrections under chapter 958.  Two of these facilities shall

27  be designed to house youthful offenders between the ages of 14

28  and 18, and one shall be designed to house youthful offenders

29  between the ages of 19 and 24.

30         (2)  These Youthful offender facilities operated under

31  a contract as provided in this chapter shall be designed to

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  1  provide the optimum capacity for programs for youthful

  2  offenders designed to reduce recidivism, including, but not

  3  limited to:  educational and vocational programs, substance

  4  abuse and mental health counseling, prerelease orientation and

  5  planning, job and career counseling, physical exercise,

  6  dispute resolution, and life skills training.  In order to

  7  ensure this quality programming, the commission shall give no

  8  more than 30 percent weight to cost in evaluating proposals.

  9         (3)  Effective July 1, 1996, the authority to contract

10  for the operation of two youthful offender facilities shall be

11  transferred from the Correctional Privatization Commission to

12  the Department of Juvenile Justice, and those facilities shall

13  be used for male or female committed juvenile offenders.  The

14  Department of Juvenile Justice is authorized to modify any

15  operational contract with the same contractor to whom the

16  Correctional Privatization Commission awarded the contract for

17  these facilities, without rebidding, in order to conform with

18  the requirements of this subsection.

19         (4)  The commission shall specify the area in which

20  each facility will be located and require that each be located

21  in or near a different metropolitan area in areas of the state

22  close to the home communities of the youthful offenders they

23  house in order to assist in the most effective rehabilitation

24  efforts, including family visitation.

25         Section 9.  The Florida Corrections Commission shall

26  conduct an in-depth analysis and develop legislative proposals

27  for the 1999-2000 fiscal year on the future and expanded use

28  of technology and contracts for services in all aspects of

29  corrections, including, but not limited to, prison management,

30  mobile surgical units, prison industries, health care, food

31  services, inmate transportation, pharmaceutical services,

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  1  canteen services, educational programs, victim-notification

  2  hotlines, satellite tracking of offenders, inmate legal

  3  services, and community supervision. The analysis shall, at a

  4  minimum, identify cost-efficiencies, technological

  5  innovations, and best practices at both private and public

  6  correctional facilities; identify bureaucratic and legal

  7  barriers that prevent or nullify effective cost-containment

  8  strategies in private and public correctional facilities;

  9  determine ways to reduce inmate idleness through partnerships

10  with private industries; and produce plans for the most

11  effective use of general and specialized private-sector

12  services in correctional facilities. The Florida Corrections

13  Commission shall report its findings and recommendations to

14  the Governor and Legislature in its 1998 annual report.

15         Section 10.  Contingent upon an appropriation and

16  notwithstanding section 957.07, Florida Statutes, the

17  Correctional Privatization Commission may enter into a

18  contract in the 1998-1999 fiscal year for designing,

19  financing, acquiring, leasing, constructing, and operating one

20  correctional facility designed to house female inmates. The

21  commission shall specify the exact area in which the facility

22  will be located. However, it is the intent of the Legislature

23  that the facility be located in or near a metropolitan area in

24  the southern part of the state which is close to the home

25  communities of the female inmates in order to assist in

26  rehabilitation efforts, including family visitation. The

27  facility shall have a capacity of 800 beds and shall provide

28  the optimum capacity for programs for female inmates which are

29  designed to reduce recidivism, including, but not limited to,

30  educational and vocational programs, parenting and domestic

31  violence awareness, chaplaincy services, substance abuse

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  1  treatment, mental and physical health counseling, and

  2  prerelease orientation and planning.

  3         Section 11.  During the 1998-1999 fiscal year, the

  4  Correctional Privatization Commission shall continue to

  5  contract with an academic researcher to produce a comparison

  6  of recidivism rates for inmates in private correctional

  7  facilities to recidivism rates for inmates in comparable

  8  facilities managed by the Department of Corrections. Beginning

  9  in the 1998-1999 fiscal year, the methodology and sampling

10  strategy shall be developed by consensus between the director

11  of the Division of Economic and Demographic Research of the

12  Joint Legislative Management Committee, one professional staff

13  person from the Department of Corrections who has research

14  expertise, and an academic researcher retained by the

15  Correctional Privatization Commission. The methodology and

16  sampling strategy developed and unanimously adopted shall be

17  adhered to in all subsequent and independent analyses or

18  reports produced. The academic researchers under contract to

19  the commission, as well as the researchers for the Department

20  of Corrections and the Division of Economic and Demographic

21  Research, shall independently analyze the data collected under

22  this section and shall collaborate on a single report to be

23  completed by February 1, 1999.

24         Section 12.  Section 944.711, Florida Statutes, is

25  repealed.

26         Section 13.  This act shall take effect July 1, 1998.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides for a board of county commissioners or the
      Correctional Privatization Commission to operate
  4    correctional facilities to house out-of-state inmates.
      Prohibits a facility from accepting an out-of-state
  5    inmate convicted of murder or certain sexual offenses or
      who has a record of violence or escape. Revises voting
  6    procedures of the Correctional Privatization Commission.
      Authorizes a contractor to use inmate labor in
  7    constructing a correctional facility. Prohibits a member
      of the Correctional Privatization Commission and its
  8    employees or consultants from engaging in certain
      activities that are a conflict of interest. Requires that
  9    the Florida Corrections Commission conduct a study of
      correctional services and report to the Governor and
10    Legislature. Requires that the Correctional Privatization
      Commission contract for a correctional facility for
11    female inmates. (See bill for details.)

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