House Bill 1967

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    Florida House of Representatives - 1999                HB 1967

        By Representative Roberts






  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 and 951.23, F.S.; requiring

  6         the Department of Corrections to develop a

  7         course relating to sexual assault

  8         identification and prevention as part of the

  9         correctional officer training program;

10         requiring the department and county and

11         municipal detention facilities to provide an

12         orientation program and counseling; requiring

13         reporting by department employees of sexual

14         assault; creating s. 951.221, F.S.; prohibiting

15         sexual misconduct by employees of county or

16         municipal detention facilities; providing for

17         termination of employment under certain

18         circumstances; providing penalties; providing

19         an effective date.

20

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

22

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

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

25         Section 2.  Subsection (4) of section 944.35, Florida

26  Statutes, is amended, and subsections (5), (6), and (7) are

27  added to said section, to read:

28         944.35  Authorized use of force; malicious battery and

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

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

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

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  1  knowingly or willfully prevents another person from doing so,

  2  commits a misdemeanor of the first degree, punishable as

  3  provided in s. 775.082 or s. 775.083.

  4         (b)  Any person who knowingly or willfully submits

  5  inaccurate, incomplete, or untruthful information with regard

  6  to reports required in this section commits a misdemeanor of

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

  8  775.083.

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

10  threatens any other person with the intent to alter either

11  testimony or a written report regarding an incident where

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

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

14  775.082, s. 775.083, or s. 775.084.

15

16  As part of the correctional officer training program, the

17  Criminal Justice Standards and Training Commission shall

18  develop course materials for inclusion in the appropriate

19  required course specifically designed to explain the

20  parameters of this subsection and to teach sexual assault

21  identification and prevention methods and techniques.

22         (5)  State correctional institutions and private

23  correctional facilities housing state inmates shall:

24         (a)  Provide an initial orientation program on sexual

25  assault to all inmates within 48 hours after incarceration.

26  The program shall provide at least the following information:

27         1.  A realistic presentation on how to avoid sexual

28  violence while incarcerated.

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

30  of sexual violence.

31         3.  Information on available sexual assault counseling.

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  1         4.  The procedure for requesting sexual assault

  2  counseling.

  3         (b)  Post in areas to which all inmates normally have

  4  daily access an easily readable toll-free number for reporting

  5  sexual misconduct to the inspector general of the department.

  6         (c)  Provide sexual assault counseling to any prisoner

  7  who requests it.

  8         1.  Sexual assault counseling shall be provided by

  9  trained or experienced representatives of faith-based

10  organizations or community outreach organizations that have

11  been approved by the department to provide such programming.

12  State correctional institutions may contract with faith-based

13  organizations or community outreach organizations to provide

14  sexual assault counseling services.

15         2.  Literature and tapes on rape and rape trauma

16  syndrome developed or sponsored by community rape crisis

17  centers or state or national nonprofit organizations with

18  expertise in sexual assault issues shall not be barred from

19  any state correctional institution unless the administrator

20  determines that a particular item is unsuitable.  Such

21  literature provided to a state correctional institution shall

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

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

24  clinic, recreation halls, mental health offices, and

25  educational areas.

26         (6)  A guard or other employee of a state correctional

27  institution who becomes aware of an actual or threatened

28  sexual assault, or a credible report of an actual or

29  threatened sexual assault, on a prisoner in the custody of the

30  institution shall promptly report this situation to the

31

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  1  inspector general of the department, who shall respond as

  2  provided in paragraph (3)(d).

  3         (7)  In administering its internal disciplinary

  4  process, a state correctional institution shall allow a

  5  prisoner charged with fighting to plead the need for

  6  self-defense against a sexual assault as an exculpatory

  7  factor.

  8         Section 3.  Section 951.221, Florida Statutes, is

  9  created to read:

10         951.221  Sexual activity between detention facility

11  employees and inmates; penalties.--

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

13  facility or of a private detention facility under contract

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

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

16  supervised by the facility without committing the crime of

17  sexual battery commits a felony of the third degree,

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

19  775.084. The consent of an inmate to any act of sexual

20  misconduct shall not be raised as a defense to prosecution

21  under this section.

22         (2)  Notwithstanding prosecution, any violation of the

23  provisions of this section, as determined by the administrator

24  of the facility, shall constitute sufficient cause for

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

26  employed in any capacity in connection with the correctional

27  system.

28         Section 4.  Subsection (10) of section 951.23, Florida

29  Statutes, 1998 Supplement, is renumbered as subsection (13),

30  and new subsections (10), (11), and (12) are added to said

31  section to read:

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  1         951.23  County and municipal detention facilities;

  2  definitions; administration; standards and requirements.--

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

  4  detention facilities and municipal detention facilities and

  5  private detention facilities under contract with a county

  6  commission shall:

  7         (a)  Provide an initial orientation program on sexual

  8  assault to all inmates within 48 hours after detention. The

  9  program shall provide at least the following information:

10         1.  A realistic presentation on how to avoid sexual

11  violence while incarcerated.

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

13  of sexual violence.

14         3.  Information on available sexual assault counseling.

15         4.  The procedure for requesting sexual assault

16  counseling.

17         (b)  Post in areas to which all inmates normally have

18  daily access an easily readable toll-free number for reporting

19  sexual misconduct to the person responsible for facility

20  inspection and investigation, internal affairs investigations,

21  inmate grievances, and management reviews.

22         (c)  Provide sexual assault counseling to any prisoner

23  who requests it.

24         1.  Sexual assault counseling shall be provided by

25  trained or experienced representatives of a faith-based

26  organization, community outreach organization, or other

27  appropriate organization that has been approved by the

28  facility administrator to provide such programming. County

29  detention facilities and municipal detention facilities may

30  contract with faith-based or community outreach organizations

31  to provide these counseling services.

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  1         2.  Literature and tapes on rape and rape trauma

  2  syndrome developed or sponsored by community rape crisis

  3  centers or state or national nonprofit organizations with

  4  expertise in sexual assault issues shall not be barred from

  5  any county detention facility or municipal detention facility

  6  unless the administrator determines that a particular item is

  7  unsuitable. Such literature provided to a detention center

  8  shall be left out in areas where prisoners can take it without

  9  calling attention to themselves, such as in the library,

10  medical clinic, recreation halls, mental health offices, and

11  educational areas.

12         (d)  Develop and implement an employee training program

13  to identify and prevent sexual assault.  The training program

14  shall provide at least 2 hours of training for each employee.

15         (11)  A guard or other employee of the detention

16  facility who becomes aware of an actual or threatened sexual

17  assault, or a credible report of an actual or threatened

18  sexual assault, on a prisoner in the custody of the detention

19  facility shall promptly report this situation to the person

20  responsible for facility inspection and investigation,

21  internal affairs investigations, inmate grievances, and

22  management reviews who shall immediately conduct an

23  appropriate investigation, and, if probable cause is

24  determined that a violation of this subsection has occurred,

25  the respective state attorney in the circuit in which the

26  incident occurred shall be notified.

27         (12)  In administering its internal disciplinary

28  process, the detention facility shall allow a prisoner charged

29  with fighting to plead the need for self-defense against a

30  sexual assault as an exculpatory factor.

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

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    Florida House of Representatives - 1999                HB 1967

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  2                          HOUSE SUMMARY

  3
      Creates the "Protection Against Sexual Violence in
  4    Florida Jails and Prisons Act." Requires the Department
      of Corrections and county and municipal detention
  5    facilities to provide an orientation program and
      counseling.  Requires development of a course relating to
  6    sexual assault identification and prevention as part of
      the correctional officer training program. Requires
  7    reporting of sexual assault by department employees.
      Prohibits sexual misconduct by employees of county or
  8    municipal detention facilities. Provides for termination
      of employment under certain circumstances.
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