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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Brown-Waite moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 16, line 31,

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16  insert:

17         Section 6.  (1)  The Office of Program Policy Analysis

18  and Government Accountability shall conduct a performance

19  review of the Department of Corrections' reorganization

20  efforts pursuant to the passage of HB 2161 or any similar

21  legislation passed in the 1999 Legislative session.

22         (2)  The review shall describe the methods and goals of

23  the department's reorganization efforts and determine

24  immediate and long term effects of such efforts upon

25  department personnel and, to the extent possible, the

26  operational effectiveness and accountability of the department

27  anticipated by reorganization efforts.

28         (3)  The Office of Program Policy Analysis and

29  Governmental Accountability shall conduct the review in

30  consultation with staff from the Governor's Office of Planning

31  and Budgeting, the Florida Corrections Commission, the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1  Correctional Medical Authority, and appropriate substantive

 2  and fiscal committees of the Senate and House of

 3  Representatives.

 4         (4)  The Office of Program Policy Analysis and

 5  Governmental Accountability shall submit a report to the

 6  Governor, the President of the Senate and the Speaker of the

 7  House of Representatives with findings and recommendations no

 8  later than December 31, 2000.

 9         Section 7.  (1)  In implementing the reorganization of

10  the Department of Corrections pursuant to HB 2161 or any

11  similar legislation passed in the 1999 legislative session, it

12  is the intent of the Legislature that, to the extent possible,

13  no employee of the department shall lose their job as a result

14  of the realignment of job functions anticipated by the

15  reorganization plan.

16         (2)  Furthermore, although no employee of the

17  department will be required to change job locations due to

18  reorganization efforts, employees of the department may choose

19  to be reassigned to another position at their current job

20  location or accept other opportunities at other locations with

21  the department.

22         (3)  No employee of the department shall receive a

23  reduction in salary as a result of reorganization efforts and

24  all personnel actions made as a result of reorganization

25  efforts shall be in accordance with career service rules and

26  regulations.

27         Section 8.  (1)  The Office of Program Policy Analysis

28  and Government Accountability shall conduct a performance

29  review of the Department of Corrections' reorganization

30  efforts pursuant to the passage of HB 2161 or any similar

31  legislation passed in the 1999 Legislative session.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1         (2)  The review shall describe the methods and goals of

 2  the department's reorganization efforts and determine

 3  immediate and long term effects of such efforts upon

 4  department personnel and, to the extent possible, the

 5  operational effectiveness and accountability of the department

 6  anticipated by reorganization efforts.

 7         (3)  The Office of Program Policy Analysis and

 8  Government Accountability shall conduct the review in

 9  consultation with staff from the Governor's Office of Planning

10  and Budgeting, the Florida Corrections Commission, the

11  Correctional Medical Authority, and appropriate substantive

12  and fiscal committees of the Senate and House of

13  Representatives.

14         (4)  The Office of Program Policy Analysis and

15  Government Accountability shall submit a report to the

16  Governor, the President of the Senate and the Speaker of the

17  House of Representatives with findings and recommendations no

18  later than December 31, 2000.

19         Section 9.  Section  944.8031, Florida Statutes, is

20  created to read:

21         944.8031  Inmate's family visitation; legislative

22  intent; minimum services provided to visitors; budget

23  requests.--

24         (1)  The Legislature finds that maintaining an inmate's

25  family and community relationships through enhancing visitor

26  services and programs and increasing the frequency and quality

27  of the visits is an underutilized correctional resource that

28  can improve an inmate's behavior in the correctional facility

29  and, upon an inmate's release from a correctional facility,

30  will help to reduce recidivism.

31         (2)  The department shall provide, at a minimum, the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1  following services at designated visiting areas for approved

 2  visitors in state correctional facilities:

 3         (a)  Information relating to applicable visiting

 4  regulations, dress codes, and visiting procedures.

 5         (b)  A sheltered area, outside the security perimeter,

 6  for visitors waiting before and after visiting inmates.

 7         (c)  Food services with food choices which are

 8  nutritious and acceptable for children and youth visitors.

 9         (d)  Minimal equipment and supplies which assist staff

10  and visitors in managing and occupying the time and meeting

11  the needs of children and youth visitors.

12         (3)  Upon determining any deficiencies and barriers to

13  the effective and efficient operation of the department's

14  visitation program and services, the secretary shall submit

15  annual budget requests identifying capital improvements,

16  staffing, and programmatic needs necessary to improve the

17  quality and frequency of family visits and the visitation

18  program and services.

19         Section 10.  Paragraphs (a), (b), and (c) of subsection

20  (1) of section 945.215, Florida Statutes, 1998 Supplement, are

21  amended to read:

22         945.215  Inmate welfare and employee benefit trust

23  funds.--

24         (1)  INMATE WELFARE TRUST FUND;  DEPARTMENT OF

25  CORRECTIONS.--

26         (a)  The Inmate Welfare Trust Fund constitutes a trust

27  held by the department for the benefit and welfare of inmates

28  incarcerated in correctional facilities operated directly by

29  the department and for visitation and family programs and

30  services in such correctional facilities. Funds shall be

31  credited to the trust fund as follows:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1         1.  All funds held in any auxiliary, canteen, welfare,

 2  or similar fund in any correctional facility operated directly

 3  by the department.

 4         2.  All net proceeds from operating inmate canteens,

 5  vending machines used primarily by inmates and visitors, hobby

 6  shops, and other such facilities; however, funds necessary to

 7  purchase items for resale at inmate canteens and vending

 8  machines must be deposited into local bank accounts designated

 9  by the department.

10         3.  All proceeds from contracted telephone commissions.

11  The department shall develop and update, as necessary,

12  administrative procedures to verify that:

13         a.  Contracted telephone companies accurately record

14  and report all telephone calls made by inmates incarcerated in

15  correctional facilities under the department's jurisdiction;

16         b.  Persons who accept collect calls from inmates are

17  charged the contracted rate; and

18         c.  The department receives the contracted telephone

19  commissions.

20         4.  Any funds that may be assigned by inmates or

21  donated to the department by the general public or an inmate

22  service organization; however, the department shall not accept

23  any donation from, or on behalf of, any individual inmate.

24         5.  Repayment of the one-time sum of $500,000

25  appropriated in fiscal year 1996-1997 from the Inmate Welfare

26  Trust Fund for correctional work programs pursuant to s.

27  946.008.

28         6.  All proceeds from:

29         a.  The confiscation and liquidation of any contraband

30  found upon, or in the possession of, any inmate;

31         b.  Disciplinary fines imposed against inmates;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1         c.  Forfeitures of inmate earnings; and

 2         d.  Unexpended balances in individual inmate trust fund

 3  accounts of less than $1.

 4         7.  All interest earnings and other proceeds derived

 5  from investments of funds deposited in the trust fund. In the

 6  manner authorized by law for fiduciaries, the secretary of the

 7  department, or the secretary's designee, may invest any funds

 8  in the trust fund when it is determined that such funds are

 9  not needed for immediate use.

10         (b)  Funds in the Inmate Welfare Trust Fund must be

11  used exclusively for the following purposes at correctional

12  facilities operated directly by the department:

13         1.  To operate inmate canteens and vending machines,

14  including purchasing items for resale at inmate canteens and

15  vending machines; employing personnel and inmates to manage,

16  supervise, and operate inmate canteens and vending machines;

17  and covering other operating and fixed capital outlay expenses

18  associated with operating inmate canteens and vending

19  machines;

20         2.  To employ personnel to manage and supervise the

21  proceeds from telephone commissions;

22         3.  To develop, implement, and maintain the medical

23  copayment accounting system;

24         4.  To provide literacy programs, vocational training

25  programs, and educational programs that comply with standards

26  of the Department of Education, including employing personnel

27  and covering other operating and fixed capital outlay expenses

28  associated with providing such programs;

29         5.  To operate inmate chapels, faith-based programs,

30  visiting pavilions, visiting services and programs, family

31  services and programs, libraries, and law libraries, including

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1  employing personnel and covering other operating and fixed

 2  capital outlay expenses associated with operating inmate

 3  chapels, faith-based programs, visiting pavilions, visiting

 4  services and programs, family services and programs,

 5  libraries, and law libraries;

 6         6.  To provide for expenses associated with various

 7  inmate clubs;

 8         7.  To provide for expenses associated with legal

 9  services for inmates;

10         8.  To provide inmate substance abuse treatment

11  programs and transition and life skills training programs,

12  including employing personnel and covering other operating and

13  fixed capital outlay expenses associated with providing such

14  programs.

15         (c)  The Legislature shall annually appropriate the

16  funds deposited in the Inmate Welfare Trust Fund. It is the

17  intent of the Legislature that total annual expenditures for

18  providing literacy programs, vocational training programs, and

19  educational programs exceed the combined total annual

20  expenditures for operating inmate chapels, faith-based

21  programs, visiting pavilions, visiting services and programs,

22  family services and programs, libraries, and law libraries,

23  covering expenses associated with inmate clubs, and providing

24  inmate substance abuse treatment programs and transition and

25  life skills training programs.

26         Section 11.  No later than July 1, 1999, the Gadsden

27  Correctional Institution, currently operated under a contract

28  between the Department of Corrections and the Corrections

29  Corporation of America pursuant to ss. 944.710-944.72, Florida

30  Statutes, shall be transferred to the Correctional

31  Privatization Commission created in chapter 957, Florida

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1  Statutes, to be the sole contract manager and monitor for that

 2  facility.

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

 6  And the title is amended as follows:

 7         On page 1, line 28, after the semicolon

 8

 9  insert:

10         requiring the Office of Program Policy Analysis

11         and Government Accountability to conduct a

12         performance review of the Department of

13         Corrections' reorganization efforts; requiring

14         a report; providing legislative intent

15         regarding the reorganization of the Department

16         of Corrections; creating s. 944.8031, F.S.;

17         relating to inmate's family visitation services

18         and programs; providing legislative intent;

19         requiring the department to provide certain

20         minimum services and programs for persons

21         visiting inmates; requiring the secretary to

22         submit legislative budget requests necessary to

23         improve the quality and frequency of family

24         visits and improve visitation services and

25         programs; amending s. 945.215, F.S., relating

26         to the Inmate Welfare Trust Fund; requiring

27         such funds to be used for visitation and family

28         programs and services; requiring funds from

29         vending machines used by visitors to go into

30         the fund; transferring the contract for the

31         Gadsden Correctional Institution from the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1         Department of Corrections to the Correctional

 2         Privatization Commission;

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