Senate Bill 2046
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2046
By Senator Thomas
3-1421-99
1 A bill to be entitled
2 An act relating to county prisoners;
3 authorizing a board of county commissioners to
4 contract with the Department of Corrections to
5 temporarily house county prisoners in a state
6 correctional facility; requiring that such
7 contract be approved pursuant to an ordinance
8 adopted by an extraordinary vote of the board;
9 providing for termination of the contract;
10 requiring that a county prisoner be transported
11 by the county, except in the case of a medical
12 emergency; specifying certain limitations with
13 respect to the authority granted under a
14 contract to house county prisoners; providing
15 that the penalty imposed for escape applies to
16 a county prisoner who fails to remain within a
17 state correctional facility; providing an
18 effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Contractual arrangements for the short-term
23 use and operation of state corrections beds to house county
24 prisoners.--
25 (1) After consultation with the sheriff and upon
26 adoption of an ordinance by a vote of a majority plus one, the
27 board of county commissioners may enter into a contract with
28 the Department of Corrections for use and operation of
29 available beds at a state correctional facility to temporarily
30 house county prisoners who have been convicted and sentenced
31 for felonies or misdemeanors. The contract term and
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2046
3-1421-99
1 compensation by the county to the Department of Corrections
2 shall be determined by the parties under terms and conditions
3 acceptable to the Department of Corrections. The Department of
4 Corrections or the board of county commissioners may terminate
5 the contract at any time upon 60 days' notice.
6 (2) The county may not transfer any county prisoner to
7 a contracted state correctional facility if such transfer is
8 inconsistent with the institutional profile established by the
9 Department of Corrections. The Department of Corrections may
10 return a county prisoner at any time.
11 (3) Except in the case of a medical emergency, the
12 county shall transport any county prisoner to and from the
13 contracted state correctional facility for any reason. The
14 county shall compensate the Department of Corrections for the
15 costs of transporting a county prisoner due to a medical
16 emergency.
17 (4) A contract entered into under this section does
18 not authorize, allow, or imply a delegation of authority to
19 the Department of Corrections to:
20 (a) Make a final determination on the classification
21 of a county prisoner.
22 (b) Develop or adopt disciplinary rules or penalties
23 that differ from the disciplinary rules and penalties that
24 apply to county prisoners housed in facilities operated by the
25 county.
26 (c) Make a final determination on a disciplinary
27 action that affects the liberty of a county prisoner. However,
28 the Department of Corrections may remove a county prisoner
29 from the general population during an emergency, before final
30 resolution of a disciplinary hearing, or in response to a
31 county prisoner's request to be housed in protective custody.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2046
3-1421-99
1 (d) Make a decision that affects the sentence imposed
2 upon or the time served by a county prisoner, including a
3 decision to award, deny, or forfeit gain-time.
4 (e) Develop and implement requirements that county
5 prisoners engage in any type of work, except to the extent
6 that those requirements are accepted by the county.
7 (f) Determine a county prisoner's eligibility for any
8 form of conditional, temporary, or permanent release from the
9 contracted facility.
10 (5) In the case of a county prisoner's willful failure
11 to remain within the supervisory control of the contracted
12 state correctional facility, such action constitutes an escape
13 and is punishable as provided in section 944.40, Florida
14 Statutes.
15 Section 2. This act shall take effect July 1, 1999.
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18 SENATE SUMMARY
19 Authorizes any board of county commissioners to contract
with the Department of Corrections to temporarily house
20 county prisoners. Requires that the ordinance authorizing
such a contract be approved by an extraordinary vote of
21 the board. Provides that the county or the department may
terminate the contract upon 60 days' notice. Provides for
22 the county to be responsible for transporting county
prisoners, except in the case of a medical emergency.
23 (See bill for details.)
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