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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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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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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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
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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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