House Bill 1445

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    Florida House of Representatives - 1999                HB 1445

        By the Committee on Corrections and Representative
    Trovillion





  1                      A bill to be entitled

  2         An act relating to the state correctional

  3         system; amending s. 196.199, F.S.; providing

  4         that property leased to the Correctional

  5         Privatization Commission is owned by the

  6         commission pursuant to term of the lease for

  7         certain purposes; amending s. 943.13, F.S.;

  8         adding the Correctional Privatization

  9         Commission as an entity to receive

10         documentation of processed fingerprints as part

11         of the certification process for correctional

12         officers; amending s. 944.40, F.S.; prohibiting

13         escape or attempted escape by inmates in

14         private correctional facilities under contract

15         with the state, county, or municipality;

16         providing penalties; amending s. 945.603, F.S.;

17         authorizing the Correctional Medical Authority

18         to review and advise the Correctional

19         Privatization Commission on inmate health care;

20         revising powers and duties of the authority;

21         conforming terminology; amending s. 945.6031,

22         F.S.; revising responsibilities of the

23         authority and guidelines for required reports

24         and surveys; requiring the authority to conduct

25         surveys of the physical and mental health care

26         system at private correctional facilities;

27         requiring certain reports; amending s.

28         945.6035, F.S.; requiring the authority and

29         either the Assistant Secretary of Health

30         Services of the department or the Executive

31         Director of the Correctional Privatization

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  1         Commission to attempt to expeditiously resolve

  2         any disputes between the authority and the

  3         department or the commission regarding the

  4         physical and mental health care of inmates in

  5         private prisons; providing for appeal, review,

  6         and resolution; requiring the decision of the

  7         Administration Commission to be final and

  8         binding; amending s. 957.03, F.S.; increasing

  9         the membership on the Correctional

10         Privatization Commission; revising membership

11         requirements; eliminating the restriction that

12         no employee of the Department of Corrections or

13         the Department of Juvenile Justice be appointed

14         to the commission; increasing the number of

15         members appointed to the commission who are

16         employed by the private sector; providing for

17         staggered terms of appointment; eliminating the

18         requirement for vacancies to be filled in same

19         manner as the original appointment and for the

20         remainder of the unexpired term; specifying

21         circumstances under which an act of the

22         commission is binding; eliminating the

23         requirement for the commission to include

24         certain recidivism data in the annual report to

25         the Legislature; permitting the commission to

26         authorize contractors to use inmate labor in

27         facility construction and in public work

28         programs, under specified circumstances;

29         requiring the department to assign available

30         inmate work; providing for approval of security

31         procedures; requiring the reporting of outcome

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  1         performance measures; creating s. 957.031,

  2         F.S.; prohibiting specified conduct by a

  3         commission member, employee, or consultant who

  4         reviews, monitors, or approves private

  5         correctional facility contracts, or otherwise

  6         advises the commission with respect to private

  7         correctional facilities; providing for

  8         construction; amending s. 957.04, F.S.;

  9         eliminating the requirement for the contract

10         monitor to be full time after the initial

11         award; authorizing the contract monitor to

12         oversee more than one facility, but no more

13         than three, when the facilities are within

14         close proximity; creating s. 957.041, F.S.;

15         requiring the department to notify the

16         commission of the profile of the inmates

17         anticipated to be housed in a private

18         correctional facility; requiring the commission

19         to negotiate and enter into contracts for

20         private correctional services based upon the

21         inmate profile; amending s. 957.05, F.S.;

22         requiring certification and minimum

23         qualifications for correctional officers at

24         private correctional facilities; requiring all

25         other employees at private correctional

26         facilities to meet the same training

27         requirements as employees in state-operated

28         correctional facilities; requiring the

29         commission to receive criminal background

30         information for certification by the Criminal

31         Justice Standards and Training Commission;

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  1         amending s. 957.06, F.S.; removing provisions

  2         relating to the cooperative transfer agreement;

  3         providing that certain contracts do not

  4         authorize development and implementation of

  5         work programs; providing exceptions; creating

  6         s. 957.061, F.S.; providing for cooperative

  7         transfer agreements; amending s. 957.08, F.S.;

  8         restricting the types of inmates to be assigned

  9         and transferred to private correctional

10         facilities; amending s. 957.08, F.S.; revising

11         language with respect to capacity requirement;

12         amending s. 957.125, F.S.; providing for

13         applicability of certain program requirements

14         to contracted youthful offender facilities;

15         amending s. 957.13, F.S.; authorizing the

16         Florida Department of Law Enforcement to submit

17         fingerprint cards to the Federal Bureau of

18         Investigation for the purpose of conducting

19         background checks on employees of private

20         correctional facilities; requiring the Florida

21         Department of Law Enforcement to accept

22         fingerprints of persons applying for employment

23         in private correctional facilities for the

24         purpose of background checks; requiring the

25         Florida Department of Law Enforcement to

26         exchange state, multistate, and federal

27         criminal history records of persons applying

28         for employment in private correctional

29         facilities; creating s. 957.17, F.S.;

30         specifying that the commission is the legal

31         entity to authorize addenda to contracts;

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  1         prohibiting contract modifications which

  2         provide for price level increases; providing

  3         that no private vendor shall enter into a

  4         contract with another state to house

  5         out-of-state inmates unless specified

  6         legislative authorization is provided;

  7         directing the Florida Corrections Commission to

  8         conduct an in-depth analysis on technology and

  9         private services contracts, develop certain

10         proposals, and report its findings to the

11         Legislature; requiring the commission to

12         contract with an academic researcher for fiscal

13         year 1999-2000 to produce a comparative

14         recidivism rate study; providing for

15         development by consensus and approval of a

16         methodology and sampling strategy by the

17         researcher, the director of the Office of

18         Economic and Demographic Research and a

19         Department of Corrections staff person;

20         prescribing certain uses of the methodology and

21         sampling strategy; providing for a report to

22         the Legislature; repealing s. 957.125(1), (3),

23         and (4), F.S., relating to the original

24         authorization to enter into contracts and

25         transfer arrangements for youthful offender

26         facilities; removing obsolete provisions;

27         repealing s. 944.711, F.S., relating to

28         requests for proposals and construction of

29         certain departmental facilities; repealing s.

30         957.04(8), F.S., relating to an expenditure to

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  1         defray impact costs; removing obsolete

  2         provisions; providing an effective date.

  3

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

  5

  6         Section 1.  Subsection (11) is added to section

  7  196.199, Florida Statutes, to read:

  8         196.199  Government property exemption.--

  9         (11)  Building and other improvements to real property

10  which are financed under the provisions of s. 957.04(2)(a) and

11  which are leased to the Correctional Privatization Commission

12  shall be deemed owned by the Correctional Privatization

13  Commission for the purposes of this section where, by the

14  terms of the lease, the building and other improvements will

15  become the property of the Correctional Privatization

16  Commission or the State of Florida at the expiration of the

17  lease.

18         Section 2.  Subsection (5) of section 943.13, Florida

19  Statutes, is amended to read:

20         943.13  Officers' minimum qualifications for employment

21  or appointment.--On or after October 1, 1984, any person

22  employed or appointed as a full-time, part-time, or auxiliary

23  law enforcement officer or correctional officer; on or after

24  October 1, 1986, any person employed as a full-time,

25  part-time, or auxiliary correctional probation officer; and on

26  or after October 1, 1986, any person employed as a full-time,

27  part-time, or auxiliary correctional officer by a private

28  entity under contract to the Department of Corrections, to a

29  county commission, or to the Correctional Privatization

30  Commission shall:

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  1         (5)  Have documentation of his or her processed

  2  fingerprints on file with the employing agency or, if a

  3  private correctional officer, have documentation of his or her

  4  processed fingerprints on file with the Department of

  5  Corrections, the Correctional Privatization Commission, or the

  6  Criminal Justice Standards and Training Commission. If

  7  administrative delays are caused by the department, the

  8  Correctional Privatization Commission, or the Federal Bureau

  9  of Investigation and the person has complied with subsections

10  (1)-(4) and (6)-(9), he or she may be employed or appointed

11  for a period not to exceed 1 calendar year from the date he or

12  she was employed or appointed or until return of the processed

13  fingerprints documenting noncompliance with subsections

14  (1)-(4) or subsection (7), whichever occurs first.

15         Section 3.  Section 944.40, Florida Statutes, is

16  amended to read:

17         944.40  Escapes; penalty.--Any prisoner confined in any

18  prison, jail, private correctional facility, road camp, or

19  other penal institution, whether state, county, or municipal

20  or by contract with the state, county, or municipality,

21  working upon the public roads, or being transported to or from

22  a place of confinement who escapes or attempts to escape from

23  such confinement commits shall be guilty of a felony of the

24  second degree, punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084. The punishment of imprisonment imposed

26  under this section shall run consecutive to any former

27  sentence imposed upon any prisoner.

28         Section 4.  Section 945.603, Florida Statutes, is

29  amended to read:

30         945.603  Powers and duties of authority.--The purpose

31  of the authority is to assist in the delivery of health care

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  1  services for inmates in the legal custody of the Department of

  2  Corrections by advising the Secretary of Corrections and the

  3  Correctional Privatization Commission on the professional

  4  conduct of primary, convalescent, dental, and mental health

  5  care and the management of costs consistent with quality care,

  6  by advising the Governor and the Legislature on the status of

  7  the inmate Department of Corrections' health care delivery

  8  system, and by assuring that adequate standards of physical

  9  and mental health care for inmates are maintained at all

10  Department of Corrections institutions and all private

11  correctional facilities.  For this purpose, the authority has

12  the authority to:

13         (1)  Review and advise the Secretary of Corrections on

14  cost containment measures the Department of Corrections could

15  implement.

16         (2)  Review and make recommendations regarding health

17  care for the delivery of health care services including, but

18  not limited to, acute hospital-based services and facilities,

19  primary and tertiary care services, ancillary and clinical

20  services, dental services, mental health services, intake and

21  screening services, medical transportation services, and the

22  use of nurse practitioner and physician assistant personnel to

23  act as physician extenders as these relate to inmates in the

24  legal custody of the Department of Corrections.

25         (3)  Develop and recommend to the Governor and the

26  Legislature an annual budget for all or part of the operation

27  of the State of Florida prison health care system.

28         (4)  Review and advise the Secretary of Corrections and

29  the Correctional Privatization Commission on contracts between

30  the Department of Corrections or private vendors and third

31  parties for quality management programs.

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  1         (5)  Review and advise the Secretary of Corrections and

  2  the Correctional Privatization Commission on minimum standards

  3  needed to ensure that an adequate physical and mental health

  4  care delivery system is maintained by the Department of

  5  Corrections and by private vendors under contract pursuant to

  6  chapters 944 and 957.

  7         (6)  Review and advise the Secretary of Corrections on

  8  the sufficiency, adequacy, and effectiveness of the Department

  9  of Corrections' Office of Health Services' quality management

10  program.

11         (7)  Review and advise the Secretary of Corrections on

12  the projected medical needs of the inmate population and the

13  types of programs and resources required to meet such needs.

14         (8)  Review and advise the Secretary of Corrections on

15  the adequacy of preservice, inservice, and continuing medical

16  education programs for all health care personnel and, if

17  necessary, recommend changes to such programs within the

18  Department of Corrections.

19         (9)  Identify and recommend to the Secretary of

20  Corrections the professional incentives required to attract

21  and retain qualified professional health care staff within the

22  prison health care system.

23         (10)  Coordinate the development of prospective payment

24  arrangements as described in s. 408.50 when appropriate for

25  the acquisition of inmate health care services.

26         (11)  Review the Department of Corrections' health

27  services plan and advise the Secretary of Corrections on its

28  implementation.

29         (12)  Sue and be sued in its own name and plead and be

30  impleaded.

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  1         (13)  Make and execute agreements of lease, contracts,

  2  deeds, mortgages, notes, and other instruments necessary or

  3  convenient in the exercise of its powers and functions under

  4  this act.

  5         (14)  Employ or contract with health care providers,

  6  medical personnel, management consultants, consulting

  7  engineers, architects, surveyors, attorneys, accountants,

  8  financial experts, and such other employees, entities, or

  9  agents as may be necessary in its judgment to carry out the

10  mandates of the Correctional Medical Authority and fix their

11  compensation.

12         (15)  Recommend to the Legislature such performance and

13  financial audits of the Office of Health Services in the

14  Department of Corrections as the authority considers

15  advisable.

16         Section 5.  Section 945.6031, Florida Statutes, is

17  amended to read:

18         945.6031  Required reports and surveys.--

19         (1)  Not less than annually, the authority shall report

20  to the Governor and the Legislature the status of the

21  Department of Corrections' health care delivery system

22  provided by the Department of Corrections and by vendors

23  operating private correctional facilities under contract

24  pursuant to chapters 957 and 944.  The report must include,

25  but need not be limited to:

26         (a)  Recommendations regarding cost containment

27  measures the Department of Corrections could implement; and

28         (b)  Recommendations regarding performance and

29  financial audits of the Department of Corrections' Office of

30  Health Services.

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  1         (2)  The authority shall conduct surveys of the

  2  physical and mental health care system at each publicly

  3  operated and privately operated correctional institution or

  4  facility at least triennially and shall report the survey

  5  findings for each institution to the Secretary of Corrections

  6  or the Correctional Privatization Commission.

  7         (3)  Deficiencies found by the authority to be

  8  life-threatening or otherwise serious shall be immediately

  9  reported to the Secretary of Corrections or the Correctional

10  Privatization Commission.  The Department of Corrections and

11  the Correctional Privatization Commission shall take immediate

12  action to correct life-threatening or otherwise serious

13  deficiencies identified by the authority and within 3 calendar

14  days file a written corrective action plan with the authority

15  indicating the actions that will be taken to address the

16  deficiencies.  Within 60 calendar days following a survey, the

17  authority shall submit a report to the Secretary of

18  Corrections or the Correctional Privatization Commission

19  indicating deficiencies found at the institution or facility.

20         (4)  Within 30 calendar days after the receipt of a

21  survey report from the authority, the Department of

22  Corrections or the Correctional Privatization Commission shall

23  file a written corrective action plan with the authority,

24  indicating the actions which will be taken to address

25  deficiencies determined by the authority to exist at an

26  institution or facility.  Each plan shall set forth an

27  estimate of the time and resources needed to correct

28  identified deficiencies.

29         (5)  The authority shall monitor the Department of

30  Corrections' implementation of corrective actions which have

31  been taken at each institution or facility to address

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  1  deficiencies related to the Department of Corrections'

  2  provision of physical and mental health care services found to

  3  exist by the authority.

  4         (6)  Failure of the Department of Corrections to file a

  5  corrective action plan or to timely implement the provisions

  6  of a corrective action plan correcting identified deficiencies

  7  may result in the initiation of the dispute resolution

  8  procedures by the authority pursuant to s. 945.6035.

  9         Section 6.  Section 945.6035, Florida Statutes, is

10  amended to read:

11         945.6035  Dispute resolution.--

12         (1)  The authority and the Assistant Secretary for

13  Health Services or the Executive Director of the Correctional

14  Privatization Commission, whoever is appropriate, shall

15  attempt to expeditiously resolve any disputes arising between

16  the authority and the department or the Correctional

17  Privatization Commission regarding the physical and mental

18  health care of inmates.

19         (2)  If the authority and the Assistant Secretary for

20  Health Services or the Executive Director of the Correctional

21  Privatization Commission are unable to resolve a dispute

22  regarding inmate physical or mental health care, the authority

23  may submit a written notice to the Assistant Secretary for

24  Health Services or the Executive Director of the Correctional

25  Privatization Commission, setting forth each issue in

26  controversy and the position of the authority. The Assistant

27  Secretary for Health Services or the Executive Director of the

28  Correctional Privatization Commission shall respond to the

29  authority within 30 days after receipt of such written notice.

30  The authority shall place the assistant secretary's or the

31  executive director's response on the agenda of the next

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  1  regularly scheduled meeting of the authority. If the dispute

  2  remains unresolved, the authority may submit a written report

  3  to the secretary of the Department of Corrections or the chair

  4  of the Correctional Privatization Commission detailing the

  5  authority's objections.  The Assistant Secretary for Health

  6  Services or the Executive Director of the Correctional

  7  Privatization Commission shall submit a written report setting

  8  forth his or her position to the secretary or the chair of the

  9  Correctional Privatization Commission on the issue or issues

10  raised by the authority within 5 working days after receipt of

11  the submission by the authority.

12         (3)  The secretary or the chair of the Correctional

13  Privatization Commission shall review any disputes between the

14  authority and the Assistant Secretary for Health Services or

15  the Executive Director of the Correctional Privatization

16  Commission, and shall provide written notice to the authority

17  of his or her decision regarding such disputes within 40 days

18  after the date when the authority provides written notice of

19  the dispute to the secretary or the Executive Director of the

20  Correctional Privatization Commission.

21         (4)  If, at the end of the 40-day period, no resolution

22  has been reached, the authority is authorized to appeal to the

23  Administration Commission for a review and resolution of the

24  dispute between the department or the chair of the

25  Correctional Privatization Commission and the authority.

26         (5)  The authority, within 30 days after receiving

27  written notice of the action of the secretary or of the chair

28  of the Correctional Privatization Commission or, if no

29  response is received, within 30 days after the secretary's or

30  the chair's response is due pursuant to subsection (3), may

31  file an appeal by petition to the Administration Commission,

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  1  filed with the Secretary of the Administration Commission.

  2  The petition shall set forth the issues in controversy between

  3  the authority and the Correctional Privatization Commission or

  4  the department, in the form and manner prescribed by the

  5  Administration Commission, and shall contain the reasons for

  6  the appeal.  The department or the the Correctional

  7  Privatization Commission has 5 days after delivery of a copy

  8  of any such petition to file its reply with the Secretary of

  9  the Administration Commission, and the department or the

10  Correctional Privatization Commission shall also deliver a

11  copy of its reply to the authority.

12         (6)  The issues which may be raised by the authority on

13  appeal to the Administration Commission are:

14         (a)  Adoption or implementation by the department or

15  the Correctional Privatization Commission of a health care

16  standard which does not conform to the standard of care

17  generally accepted in the professional health community at

18  large.

19         (b)  Failure of the department or the Commission to

20  comply with an adopted health care standard.

21         (c)  Failure to timely file a corrective action plan

22  regarding all deficiencies which are determined by the

23  authority to exist at an institution or facility, as required

24  pursuant to s. 945.6031.

25         (d)  Failure to implement a corrective action plan

26  filed pursuant to s. 945.6031.

27         (7)  Within 30 days after receipt of a petition from

28  the authority, the Secretary of the Administration Commission,

29  or his or her designee, shall conduct an informal hearing to

30  consider the matters presented in the petition and the reply,

31  and after the informal hearing shall promptly submit a report

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  1  of the findings and recommendations to the Administration

  2  Commission. Within 30 days after the informal hearing, the

  3  Administration Commission shall approve either the position of

  4  the authority or that of the Correctional Privatization

  5  Commission or the department.  If the position of the

  6  authority is approved, the Administration Commission shall set

  7  forth whatever remedial measures it deems appropriate and the

  8  department or the Correctional Privatization Commission shall

  9  implement such remedial measures.  The decision of the

10  Administration Commission is final and binding on the

11  authority and on either the department or the Correctional

12  Privatization Commission and shall not be subject to appeal

13  pursuant to s. 120.68.

14         Section 7.  Effective February 1, 2000, subsection (2)

15  and paragraphs (a) and (b) of subsection (3) of section

16  957.03, Florida Statutes, are amended, to read:

17         957.03  Correctional Privatization Commission.--

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

19  consist of seven five members appointed by the Governor, none

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

21  the Department of Juvenile Justice, two one of whom must be a

22  minority persons person as defined in s. 288.703(3), and five

23  four of whom must be employed by the private sector.  A

24  commissioner from the private sector may not have been an

25  employee or a contract vendor of or a consultant to the

26  department or the Department of Juvenile Justice, or an

27  employee or a contract vendor of or a consultant to a bidder,

28  for 2 years prior to appointment to the commission and may not

29  become an employee or a contract vendor of or a consultant to

30  the department or the Department of Juvenile Justice, or an

31  employee or a contract vendor of or a consultant to a bidder,

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  1  for 2 years following the termination of the appointment to

  2  the commission.

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

  4         (a)  The term of office for a member of the commission

  5  is 4 years except that, in order to create staggered terms,

  6  when filling the vacancies created by the expiration of terms

  7  in calendar year 2001, one person shall be appointed to a term

  8  which shall expire January 31, 2002, two persons shall be

  9  appointed to terms which shall expire January 31, 2004, and

10  two persons shall be appointed to terms expiring January 31,

11  2005.

12         (b)  A vacancy shall be filled in the same manner as

13  the original appointment and shall be for the remainder of the

14  unexpired term only.

15         Section 8.  Paragraph (f) of subsection (3) and

16  paragraph (c) of subsection (4) of section 957.03, Florida

17  Statutes, are amended, and paragraphs (d), (e), and (f) are

18  added to subsection (4) of said section, to read:

19         957.03  Correctional Privatization Commission.--

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

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

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

23  majority of the members of the commission constitutes a

24  quorum. An action of the commission is not binding unless the

25  action is taken pursuant to an affirmative vote of a majority

26  of the members present, but not fewer than three members of

27  the commission must be present, and on or after February 1,

28  2000, not fewer than five members must be present. The vote

29  must be recorded in the minutes of the meeting.

30         (4)  DUTIES.--

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

  2  House of Representatives and the President of the Senate by

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

  4  facilities under its management.  Each report must also

  5  include a comparison of recidivism rates for inmates of

  6  private correctional facilities to the recidivism rates for

  7  inmates of comparable facilities managed by the department.

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

  9  authorize the contractor to use inmate labor to assist in the

10  construction of the facility.  The Department of Corrections

11  shall assign inmate work crews at the request of the

12  commission and the contractor.

13         (e)  In the renegotiation or origination of contracts

14  on or after the effective date of this act, the commission may

15  authorize the contractors to use selected inmates in public

16  work programs pursuant to ss. 946.40 and 946.41. If inmates

17  are placed in public work programs, the private contractor

18  shall develop security procedures which shall ensure the

19  safety of the public, and the commission and the department

20  shall approve such procedures.

21         (f)  In the renegotiation or origination of contracts

22  on or after the effective date of this act, the commission

23  shall require each contractor to develop and annually report

24  to the Legislature outcome performance measures similar to

25  those included in the General Appropriations Act for the

26  department pursuant to s. 216.0166.

27         Section 9.  Section 957.031, Florida Statutes, is

28  created to read:

29         957.031  Prohibited conduct by commission member,

30  employee, consultant, or adviser.--

31

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  1         (1)  Any commission member, employee, or consultant who

  2  reviews, monitors, or approves private correctional facility

  3  contracts, or who advises the commission in any manner with

  4  respect to private correctional facilities, may not:

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

  6  personal benefit or promise of benefit from any bidders,

  7  potential bidders, or contractors; or

  8         (b)  Be an officer, director, trustee, stockholder, or

  9  investor in any business entity that:

10         1.  Has a business relationship of any kind with the

11  commission;

12         2.  Is owned or controlled by a business entity that

13  has a business relationship of any kind with the commission;

14  or

15         3.  Is owned or controlled by one or more individuals

16  or business entities who, separately or collectively, own or

17  control a business entity that has a business relationship of

18  any kind with the commission.

19         (2)  This section shall not be construed to conflict

20  with s. 112.313, s. 112.3145, or s. 112.3148.

21         Section 10.  Paragraph (g) of subsection (1) of section

22  957.04, Florida Statutes, is amended to read:

23         957.04  Contract requirements.--

24         (1)  A contract entered into under this chapter for the

25  operation of private correctional facilities shall maximize

26  the cost savings of such facilities and shall:

27         (g)  Require the selection and appointment of a

28  full-time contract monitor for the initial contract award.

29  However, the contract monitor position may be less than

30  full-time after 1 year, if deemed appropriate by the

31  commission. After the first year, the contract monitor may

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  1  oversee more than one facility, but no more than three, when

  2  such facilities are within close proximity. The contract

  3  monitor shall be appointed and supervised by the commission.

  4  The contractor is required to reimburse the commission for the

  5  salary and expenses of the contract monitor.  It is the

  6  obligation of the contractor to provide suitable office space

  7  for the contract monitor at the correctional facility.  The

  8  contract monitor shall have unlimited access to the

  9  correctional facility.

10         Section 11.  Section 957.041, Florida Statutes, is

11  created to read:

12         957.041  Requirement for department to provide notice

13  of anticipated inmate profile.--

14         (1)  Prior to the commission issuing a request for

15  proposals, the department shall notify the commission, in

16  writing, of the projected profile of the inmates anticipated

17  to be housed in the private correctional facility.  The

18  anticipated inmate profile shall include, but not be limited

19  to the following factors:

20         (a)  Education grade and literacy level;

21         (b)  Gender;

22         (c)  Custody grades;

23         (d)  Medical and psychological grades and

24         (e)  Age range.

25         (2)  The commission shall negotiate and enter into

26  contracts for private correctional services based upon the

27  anticipated inmate profile provided by the department.

28         Section 12.  Paragraph (a) of subsection (2) of section

29  957.05, Florida Statutes, is amended to read:

30         957.05  Requirements for contractors operating private

31  correctional facilities.--

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  1         (2)(a)  The commission shall require the certification

  2  of private correctional officers at the private vendor's

  3  expense under s. 943.1395, and all such officers must meet the

  4  minimum qualifications established in s. 943.13.  All other

  5  employees of the private vendor who perform their duties at

  6  the private correctional facility shall receive, at a minimum,

  7  the same quality and quantity of training as that required by

  8  the state for employees of state-operated correctional

  9  facilities.  All training expenses shall be the responsibility

10  of the private vendor.  The commission shall be the

11  contributor and recipient of all criminal background

12  information necessary for certification by the Criminal

13  Justice Standards and Training Commission. The training

14  requirements, including inservice training requirements, for

15  employees of a contractor that assumes the responsibility for

16  the operation and maintenance of a private correctional

17  facility must meet or exceed the requirements for similar

18  employees of the department or the training requirements

19  mandated for accreditation by the American Correctional

20  Association, whichever of those requirements are the more

21  demanding.  All employee training expenses are the

22  responsibility of the contractor.

23         Section 13.  Subsections (2) and (7) of section 957.06,

24  Florida Statutes, are amended to read:

25         957.06  Powers and duties not delegable to

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

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

28  the contractor to:

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

30  initially assigned or subsequently transferred. The contractor

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

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  1  facility operated by the department. The commission, the

  2  contractor, and a representative of the department shall

  3  develop and implement a cooperative agreement for transferring

  4  inmates between a correctional facility operated by the

  5  department and a private correctional facility. The

  6  department, the commission, and the contractor must comply

  7  with the cooperative agreement.

  8         (7)  Develop and implement requirements that inmates

  9  engage in any type of work or develop and implement any work

10  program, except to the extent provided by law or approved that

11  those requirements are accepted by the commission.

12         Section 14.  Section 957.061, Florida Statutes, is

13  created to read:

14         957.061  Cooperative transfer agreement.--The

15  commission, the contractor, and a representative of the

16  department shall develop and implement a cooperative transfer

17  agreement for each private correctional facility for

18  transferring inmates between a correctional facility operated

19  by the department and a private correctional facility.  The

20  department, the commission, and the contractor must comply

21  with the cooperative transfer agreement.

22         Section 15.  Section 957.08, Florida Statutes, is

23  amended to read:

24         957.08  Capacity requirements.--The department shall

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

26  determined by contract the commission, to each private

27  correctional facility opened pursuant to this chapter in an

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

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

30  commission.  The types of inmates prisoners transferred by the

31  department shall conform to the cooperative transfer agreement

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  1  developed pursuant to s. 957.061 and represent a cross section

  2  of the general inmate population, based on the grade of

  3  custody or the offense of conviction, the physical and mental

  4  health grade, and the level of education, at the most

  5  comparable facility operated by the department.

  6         Section 16.  Subsection (2) of section 957.125, Florida

  7  Statutes, is amended to read:

  8         957.125  Correctional facilities for youthful

  9  offenders.--

10         (2)  These Youthful offender facilities contracted

11  under this chapter shall be designed to provide the optimum

12  capacity for programs for youthful offenders designed to

13  reduce recidivism, including, but not limited to:  educational

14  and vocational programs, substance abuse and mental health

15  counseling, prerelease orientation and planning, job and

16  career counseling, physical exercise, dispute resolution, and

17  life skills training.  In order to ensure this quality

18  programming, the commission shall give no more than 30 percent

19  weight to cost in evaluating proposals.

20         Section 17.  Section 957.13, Florida Statutes, is

21  amended to read:

22         957.13  Background checks.--

23         (1)  The Correctional Privatization Commission shall

24  require a background investigation of each applicant for

25  employment at a private correctional facility under contract

26  with the commission by means of fingerprint checks by the

27  Florida Department of Law Enforcement and the Federal Bureau

28  of Investigation.  The commission shall submit the completed

29  fingerprint card to the Florida Department of Law Enforcement,

30  which is authorized to submit the fingerprints to the Federal

31

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  1  Bureau of Investigation for a national criminal history record

  2  check.

  3         (2)  The Florida Department of Law Enforcement shall

  4  may accept fingerprints of individuals who apply for

  5  employment at a private correctional facility and who are

  6  required to have background checks under the provisions of

  7  this chapter.

  8         (3)(2)  The Florida Department of Law Enforcement shall

  9  may, to the extent provided for by federal law, exchange

10  state, multistate, and federal criminal history records of

11  individuals who apply for employment at a private correctional

12  facility with the Correctional Privatization Commission for

13  the purpose of conducting background checks as required by the

14  commission.

15         Section 18.  Section 957.17, Florida Statutes, is

16  created to read:

17         957.17  Addenda to contracts; unauthorized contracts in

18  excess of appropriations.--The commission, as a whole, is the

19  only entity legally recognized to authorize an amendment or

20  addendum to any contract entered into by the commission under

21  this chapter.  Pursuant to s. 216.311, the commission, in

22  authorizing or approving contract modifications, may not

23  provide for any price level increases or any other upward

24  adjustments to per diem rates, either directly or indirectly

25  unless specific funding or authorization is provided by the

26  Legislature. This section shall not preclude the commission

27  from negotiating lower per diem levels whenever possible.

28         Section 19.  Notwithstanding any other provision of

29  law, no private vendor operating a private correctional

30  facility located in the state shall enter into a contract with

31

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  1  another state to house out-of-state inmates unless specific

  2  legislative authorization is provided.

  3         Section 20.  The Corrections Commission shall conduct

  4  an in-depth analysis and develop legislative proposals for the

  5  fiscal year 2000-2001 on the future and expanded use of

  6  technology and private services contracts in all aspects of

  7  corrections ranging from prison management, mobile surgical

  8  units, prison industry, health care, food services, inmate

  9  transportation, pharmaceutical products, canteen services,

10  distance learning programs, victim notification hotlines,

11  satellite tracking of offenders, inmate legal services, and

12  community supervision.  The analysis shall, at a minimum:

13  identify cost efficiencies, technological innovations, and the

14  best corrections practices at both public and private

15  correctional programs; identify bureaucratic and legal

16  barriers that prevent or nullify effective cost containment

17  strategies in both public and private corrections; determine

18  ways to reduce inmate idleness through partnerships with

19  private industries; and produce plans for the most effective

20  use of general and specialized private sector services in

21  corrections.  The Corrections Commission shall report its

22  findings and recommendations to the Governor and Legislature

23  in its 1999 annual report.

24         Section 21.  For fiscal year 1999-2000, the

25  Correctional Privatization Commission shall contract with an

26  academic researcher to produce a study comparing recidivism

27  rates for inmates of private correctional facilities to

28  recidivism rates for inmates of comparable facilities managed

29  by the Department of Corrections. Beginning fiscal year

30  1999-2000, the methodology and sampling strategy shall be

31  developed by consensus and unanimously approved by the

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  1  director of the Office of Economic and Demographic Research,

  2  one professional staff person who has research expertise from

  3  the Department of Corrections, and the academic researcher

  4  retained by the Correctional Privatization Commission. The

  5  methodology and sampling strategy developed shall be adhered

  6  to in all subsequent and independent analyses or reports

  7  produced for the commission on such recidivism rates. The

  8  academic researcher under contract to the commission as well

  9  as the researchers for the Department of Corrections and the

10  Office of Economic and Demographic Research shall

11  independently analyze the data collected pursuant to this

12  section and shall collaborate on a single report. This report

13  shall be submitted to the Governor, the President of the

14  Senate, and the Speaker of the House of Representatives not

15  later than February 1, 2000. The December 1, 1999, report by

16  the commission pursuant to s. 957.03(4)(c), Florida Statutes,

17  need not contain a comparison of recidivism rates for inmates

18  of private correctional facilities to the recidivism rates for

19  inmates of comparable facilities managed by the Department of

20  Corrections.

21         Section 22.  Subsections (1), (3), and (4) of section

22  957.125, Florida Statutes, section 944.711, Florida Statutes,

23  and subsection (8) of section 957.04, Florida Statutes, are

24  repealed.

25         Section 23.  Except as otherwise provided herein, this

26  act shall take effect upon becoming a law.

27

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

  2                          HOUSE SUMMARY

  3
      Revises provisions of law relating to the state
  4    correctional system to:

  5         1.  Provide, with respect to a provision of law
      governing government property tax exemptions that
  6    property leased to the Correctional Privatization
      Commission is owned by the commission pursuant to the
  7    lease for described purposes.

  8         2.  Include the Correctional Privatization
      Commission as an entity to receive documentation of
  9    processed fingerprints as part of the certification
      process for law enforcement officers.
10
           3.  Prohibit the escape or attempted escape by
11    inmates in private correctional facilities under contract
      with the state, county, or municipality and provide
12    penalties with respect to such escapes or attempts to
      escape.
13
           4.  Authorize the Correctional Medical Authority to
14    review and advise the Correctional Privatization
      Commission on inmate health care and require the
15    authority to conduct surveys of the physical and mental
      health care system at private correctional facilities.
16
           5.  Provide for the resolution of disputes between
17    the authority and the Department of Corrections or the
      Correctional Privatization Commission and to require the
18    decision of the Administration Commission to be final and
      binding.
19
           6.  Revise membership on the Correctional
20    Privatization Commission and revise the duties of the
      commission.
21
           7.  Prohibit described conduct by a commission
22    member, employee, or consultant who reviews, monitors, or
      approves private correctional facility contracts or who
23    otherwise advises the commission with respect to private
      correctional facilities.
24
           8.  Revise provisions with respect to contract
25    monitors.

26         9.  Require the department to notify the commission
      of the profile of the inmates to be housed in a private
27    correctional facility and to require the commission to
      negotiate and enter into contracts for private
28    correctional services based upon inmate profiles.

29         10.  Require certification and minimum
      qualifications for correctional officers at private
30    correctional facilities.

31         11.  Provide for cooperative transfer agreements and
      to restrict the types of inmates to be assigned and
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  1    transferred to private correctional facilities.

  2         12.  Authorize the Department of Law Enforcement to
      submit fingerprint cards to the FBI for the purpose of
  3    conducting background checks on employees of private
      correctional facilities.
  4
           13.  Provide that the Correctional Privatization
  5    Commission is the legal entity to authorize addenda to
      contracts, to prohibit contract modifications which
  6    provide for price level increases and to provide that no
      private vendor shall enter into a contract with another
  7    state to house out-of-state inmates in Florida unless
      specific legislative authorization is provided.
  8
           14.  Provide for an in-depth analysis on technology
  9    and private services contracts and report to the
      Legislature.
10

11    See bill for details.

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