Senate Bill 1788c1

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    Florida Senate - 1999                           CS for SB 1788

    By the Committee on Criminal Justice and Senators
    Dawson-White, Meek and Campbell




    307-2196-99

  1                      A bill to be entitled

  2         An act relating to sexual violence in prisons;

  3         creating the "Protection Against Sexual

  4         Violence in Florida Jails and Prisons Act";

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

  6         the Criminal Justice Standards and Training

  7         Commission to develop a course relating to

  8         sexual assault identification and prevention as

  9         part of the correctional officer training

10         program; authorizing the department and county

11         and municipal detention facilities to provide

12         an orientation program and counseling; creating

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

14         by employees of county or municipal detention

15         facilities; providing for termination of

16         employment under certain circumstances;

17         providing penalties; providing an effective

18         date.

19

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

21

22         Section 1.  This act may be cited as the "Protection

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

24         Section 2.  Paragraph (b) of subsection (3) and

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

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

27         944.35  Authorized use of force; malicious battery and

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

29         (3)

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

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

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    Florida Senate - 1999                           CS for SB 1788
    307-2196-99




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

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

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

  4  internal search conducted in the lawful performance of the

  5  employee's duty.

  6         2.  Any employee of the department who engages in

  7  sexual misconduct with an inmate or an offender supervised by

  8  the department in the community, without committing the crime

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

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

11  775.084.

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

13  the department in the community to any act of sexual

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

15  under this paragraph.

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

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

18  offender supervised by the department in the community, nor

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

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

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

22  offender under community supervision of the department.

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

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

25  knowingly or willfully prevents another person from doing so,

26  commits a misdemeanor of the first degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         (b)  Any person who knowingly or willfully submits

29  inaccurate, incomplete, or untruthful information with regard

30  to reports required in this section commits a misdemeanor of

31

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    Florida Senate - 1999                           CS for SB 1788
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  1  the first degree, punishable as provided in s. 775.082 or s.

  2  775.083.

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

  4  threatens any other person with the intent to alter either

  5  testimony or a written report regarding an incident where

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

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

  8  775.082, s. 775.083, or s. 775.084.

  9

10  As part of the correctional officer training program, the

11  Criminal Justice Standards and Training Commission shall

12  develop course materials for inclusion in the appropriate

13  required course specifically designed to explain the

14  parameters of this subsection and to teach sexual assault

15  identification and prevention methods and techniques.

16         (5)  State correctional institutions and private

17  correctional facilities housing state inmates may, to the

18  extent that funds are available:

19         (a)  Provide an initial orientation program on sexual

20  assault to all inmates within 48 hours after incarceration.

21  The program shall provide at least the following information:

22         1.  A realistic presentation on how to avoid sexual

23  violence while incarcerated.

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

25  of sexual violence.

26         3.  Information on available sexual assault counseling.

27         4.  The procedure for requesting sexual assault

28  counseling.

29         (b)  Provide sexual assault counseling to any inmate

30  who has reported being victimized by a sexual assault and

31  requests such counseling.

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    Florida Senate - 1999                           CS for SB 1788
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  1         1.  Sexual assault counseling may be provided by

  2  trained or experienced psychological specialists employed by

  3  the Department of Corrections, by a private correctional

  4  vendor under contract with the Correctional Privatization

  5  Commission, or by trained or experienced representatives of a

  6  faith-based organization, community outreach organization, or

  7  other appropriate organization that has been approved by the

  8  facility administrator to provide such programs.

  9         2.  Literature and tapes on rape and rape trauma

10  syndrome developed or sponsored by community rape crisis

11  centers or state or national nonprofit organizations with

12  expertise in sexual assault issues shall not be barred from

13  any state correctional institution unless the administrator

14  determines that a particular item is unsuitable.  Such

15  literature provided to a state correctional institution shall

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

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

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

19  areas.

20         Section 3.  Section 951.221, Florida Statutes, is

21  created to read:

22         951.221  Sexual activity between detention facility

23  employees and inmates; penalties.--

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

25  facility or of a private detention facility under contract

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

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

28  supervised by the facility without committing the crime of

29  sexual battery commits a felony of the third degree,

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

31  775.084. The consent of an inmate to any act of sexual

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    Florida Senate - 1999                           CS for SB 1788
    307-2196-99




  1  misconduct shall not be raised as a defense to prosecution

  2  under this section.

  3         (2)  Notwithstanding prosecution, any violation of the

  4  provisions of this section, as determined by the administrator

  5  of the facility, shall constitute sufficient cause for

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

  7  employed in any capacity in connection with the correctional

  8  system.

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

10  Florida Statutes, 1998 Supplement, is renumbered as subsection

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

12  read:

13         951.23  County and municipal detention facilities;

14  definitions; administration; standards and requirements.--

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

16  detention facilities, municipal detention facilities, and

17  private detention facilities under contract with a county

18  commission may, to the extent funds are available:

19         (a)  Provide information on sexual assault to all

20  inmates within 48 hours after detention. The information

21  should address:

22         1.  Realistic methods and suggestions for how to avoid

23  sexual violence while incarcerated.

24         2.  Methods and suggestions for how to prevent and

25  reduce the risk of sexual violence.

26         (b)  If the detention facility provides or authorizes

27  the provision of sexual assault counseling, inform inmates

28  within 48 hours after detention on the availability of sexual

29  assault counseling and the procedure for requesting sexual

30  assault counseling provided by facility staff, vendors, or

31  community based, not-for-profit organizations.

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    Florida Senate - 1999                           CS for SB 1788
    307-2196-99




  1         (c)  Provide to employees while in training information

  2  about methods and suggestions for identifying and preventing

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

  4  that operates a detention facility offers such training, the

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

  6  employee.

  7         Section 5.  This act shall take effect October 1, 1999.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1788

11

12  -     Deletes the requirement for prisons operated by the
          Department of Corrections, local jail facilities, and
13        any state or local correctional facility operated by a
          private correctional vendor to establish toll-free
14        telephone numbers to report threats or acts of sexual
          assault to an inspector general.
15
    -     Deletes the creation of a defense for inmates who are
16        accused of fighting or disruptive conduct in
          disciplinary actions.
17
    -     Deletes local-jail mandates that would require the
18        provision of sexual assault counseling and inmate
          orientation programming for sexual assaults and converts
19        such mandates to permissive authority to be provided to
          the extent funds are available.
20
    -     Deletes the sexual assault reporting requirements for
21        employees of publicly and privately operated state and
          local correctional facilities.
22
    -     Converts mandates to state-level correctional facilities
23        to permissive authority to be provided to the extent
          funds are available.
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