CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1260

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Dawson-White moved the following amendment to

12  amendment (230646):

13

14         Senate Amendment (with title amendment) 

15         On page 7, between lines 6 and 7,

16

17  and insert:

18         Section 4.  This act may be cited as the "Protection

19  Against Sexual Violence in Florida Jails and Prisons Act."

20         Section 5.  Paragraph (b) of subsection (3) and

21  subsection (4) of section 944.35, Florida Statutes, are

22  amended, and subsection (5) is added to that section, to read:

23         944.35  Authorized use of force; malicious battery and

24  sexual misconduct prohibited; reporting required; penalties.--

25         (3)

26         (b)1.  As used in this paragraph, the term "sexual

27  misconduct" means the oral, anal, or vaginal penetration by,

28  or union with, the sexual organ of another or the anal or

29  vaginal penetration of another by any other object, but does

30  not include an act done for a bona fide medical purpose or an

31  internal search conducted in the lawful performance of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1260

    Amendment No.    





 1  employee's duty.

 2         2.  Any employee of the department who engages in

 3  sexual misconduct with an inmate or an offender supervised by

 4  the department in the community, without committing the crime

 5  of sexual battery, commits a felony of the third degree,

 6  punishable as provided in s. 775.082, s. 775.083, or s.

 7  775.084.

 8         3.  The consent of the inmate or offender supervised by

 9  the department in the community to any act of sexual

10  misconduct shall not be raised as a defense to a prosecution

11  under this paragraph.

12         4.  This paragraph does not apply to any employee of

13  the department who is legally married to an inmate or an

14  offender supervised by the department in the community, nor

15  does it apply to any employee who has no knowledge, and would

16  have no reason to believe, that the person with whom the

17  employee has engaged in sexual misconduct is an inmate or an

18  offender under community supervision of the department.

19         (4)(a)  Any employee required to report pursuant to

20  this section who knowingly or willfully fails to do so, or who

21  knowingly or willfully prevents another person from doing so,

22  commits a misdemeanor of the first degree, punishable as

23  provided in s. 775.082 or s. 775.083.

24         (b)  Any person who knowingly or willfully submits

25  inaccurate, incomplete, or untruthful information with regard

26  to reports required in this section commits a misdemeanor of

27  the first degree, punishable as provided in s. 775.082 or s.

28  775.083.

29         (c)  Any person who knowingly or willfully coerces or

30  threatens any other person with the intent to alter either

31  testimony or a written report regarding an incident where

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1260

    Amendment No.    





 1  force was used or an incident of sexual misconduct commits a

 2  felony of the third degree, punishable as provided in s.

 3  775.082, s. 775.083, or s. 775.084.

 4

 5  As part of the correctional officer training program, the

 6  Criminal Justice Standards and Training Commission shall

 7  develop course materials for inclusion in the appropriate

 8  required course specifically designed to explain the

 9  parameters of this subsection and to teach sexual assault

10  identification and prevention methods and techniques.

11         (5)  State correctional institutions and private

12  correctional facilities housing state inmates may, to the

13  extent that funds are available:

14         (a)  Provide an initial orientation program on sexual

15  assault to all inmates within 48 hours after incarceration.

16  The program shall provide at least the following information:

17         1.  A realistic presentation on how to avoid sexual

18  violence while incarcerated.

19         2.  Information on how to prevent and reduce the risk

20  of sexual violence.

21         3.  Information on available sexual assault counseling.

22         4.  The procedure for requesting sexual assault

23  counseling.

24         (b)  Provide sexual assault counseling to any inmate

25  who has reported being victimized by a sexual assault and

26  requests such counseling.

27         1.  Sexual assault counseling may be provided by

28  trained or experienced psychological specialists employed by

29  the Department of Corrections, by a private correctional

30  vendor under contract with the Correctional Privatization

31  Commission, or by trained or experienced representatives of a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1260

    Amendment No.    





 1  faith-based organization, community outreach organization, or

 2  other appropriate organization that has been approved by the

 3  facility administrator to provide such programs.

 4         2.  Literature and tapes on rape and rape trauma

 5  syndrome developed or sponsored by community rape crisis

 6  centers or state or national nonprofit organizations with

 7  expertise in sexual assault issues shall not be barred from

 8  any state correctional institution unless the administrator

 9  determines that a particular item is unsuitable.  Such

10  literature provided to a state correctional institution shall

11  be left out in areas where inmates can take it without calling

12  attention to themselves, such as in the library, medical

13  clinic, wellness areas, mental health offices, and educational

14  areas.

15         Section 6.  Section 951.221, Florida Statutes, is

16  created to read:

17         951.221  Sexual activity between detention facility

18  employees and inmates; penalties.--

19         (1)  Any employee of a county or municipal detention

20  facility or of a private detention facility under contract

21  with a county commission who engages in sexual misconduct, as

22  defined in s. 944.35(3)(b)1., with an inmate or an offender

23  supervised by the facility without committing the crime of

24  sexual battery commits a felony of the third degree,

25  punishable as provided in s. 775.082, s. 775.083, or s.

26  775.084. The consent of an inmate to any act of sexual

27  misconduct shall not be raised as a defense to prosecution

28  under this section.

29         (2)  Notwithstanding prosecution, any violation of the

30  provisions of this section, as determined by the administrator

31  of the facility, shall constitute sufficient cause for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1260

    Amendment No.    





 1  dismissal from employment, and such person shall not again be

 2  employed in any capacity in connection with the correctional

 3  system.

 4         Section 7.  Present subsection (10) of section 951.23,

 5  Florida Statutes, 1998 Supplement, is renumbered as subsection

 6  (11), and a new subsection (10) is added to that section, to

 7  read:

 8         951.23  County and municipal detention facilities;

 9  definitions; administration; standards and requirements.--

10         (10)  PROTECTION AGAINST SEXUAL VIOLENCE.--County

11  detention facilities, municipal detention facilities, and

12  private detention facilities under contract with a county

13  commission may, to the extent funds are available:

14         (a)  Provide information on sexual assault to all

15  inmates within 48 hours after detention. The information

16  should address:

17         1.  Realistic methods and suggestions for how to avoid

18  sexual violence while incarcerated.

19         2.  Methods and suggestions for how to prevent and

20  reduce the risk of sexual violence.

21         (b)  If the detention facility provides or authorizes

22  the provision of sexual assault counseling, inform inmates

23  within 48 hours after detention on the availability of sexual

24  assault counseling and the procedure for requesting sexual

25  assault counseling provided by facility staff, vendors, or

26  community based, not-for-profit organizations.

27         (c)  Provide to employees while in training information

28  about methods and suggestions for identifying and preventing

29  sexual assault.  If a county, municipality, or private vendor

30  that operates a detention facility offers such training, the

31  program should provide at least 2 hours of training for each

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1260

    Amendment No.    





 1  employee.

 2

 3  (Redesignate subsequent sections.)

 4

 5

 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8         On page 7, line 28, after the semicolon,

 9

10  insert:

11         creating the "Protection Against Sexual

12         Violence in Florida Jails and Prisons Act";

13         amending ss. 944.35, 951.23, F.S.; requiring

14         the Criminal Justice Standards and Training

15         Commission to develop a course relating to

16         sexual assault identification and prevention as

17         part of the correctional officer training

18         program; authorizing the department and county

19         and municipal detention facilities to provide

20         an orientation program and counseling; creating

21         s. 951.221, F.S.; prohibiting sexual misconduct

22         by employees of county or municipal detention

23         facilities; providing for termination of

24         employment under certain circumstances;

25         providing penalties;

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