Senate Bill 0342
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 342
By Senator Mitchell
4-594A-99
1 A bill to be entitled
2 An act relating to correctional facilities;
3 amending s. 944.40, F.S.; providing that it is
4 a second-degree felony to escape or attempt to
5 escape from a private correctional facility or
6 other correctional facility operated by a
7 governmental entity or under contract with a
8 governmental entity; amending s. 957.04, F.S.;
9 requiring such facilities to operate under the
10 same conditions as publicly operated
11 facilities; creating s. 957.061, F.S.;
12 requiring the creation of a cooperative
13 transfer agreement; amending s. 957.08, F.S.;
14 revising standards for use in determining
15 capacity requirements for such facilities;
16 prohibiting such facilities from housing
17 certain inmates; authorizing a law enforcement
18 agency to charge a private correctional
19 facility for the costs incurred in apprehending
20 an out-of-state inmate who escapes from the
21 facility; creating s. 957.035, F.S.;
22 prohibiting certain conduct by commission
23 members, employees, and consultants; providing
24 an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 944.40, Florida Statutes, is
29 amended to read:
30 944.40 Escapes; penalty.--Any prisoner confined in any
31 prison, jail, private correctional facility, road camp, or
1
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Florida Senate - 1999 SB 342
4-594A-99
1 other penal institution, whether operated by the state, a
2 county, or a municipality, or operated under a contract with
3 the state, a county, or a municipality municipal, working upon
4 the public roads, or being transported to or from a place of
5 confinement who escapes or attempts to escape from such
6 confinement commits shall be guilty of a felony of the second
7 degree, punishable as provided in s. 775.082, s. 775.083, or
8 s. 775.084. The punishment of imprisonment imposed under this
9 section shall run consecutive to any former sentence imposed
10 upon any prisoner.
11 Section 2. Subsection (9) is added to section 957.04,
12 Florida Statutes, to read:
13 957.04 Contract requirements.--
14 (9) Notwithstanding any other law to the contrary, a
15 contract for the private operation of a correctional facility
16 entered into on or after July 1, 1999, must provide that the
17 facility will operate under the same conditions as publicly
18 operated facilities with regard to air conditioning of inmate
19 housing, use and acquisition of recreational facilities,
20 permitted reading materials, use of televisions, and use of
21 inmate labor for chain gangs and other public works. Such
22 contracts may not impose a maximum on the cost of individual
23 inmate health care.
24 Section 3. Section 957.061, Florida Statutes, is
25 created to read:
26 957.061 Cooperative transfer agreement.--The
27 commission, the contractor, and a representative of the
28 department shall develop and implement a cooperative transfer
29 agreement for each private correctional facility for
30 transferring inmates between a correctional facility operated
31 by the department and the private correctional facility. The
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Florida Senate - 1999 SB 342
4-594A-99
1 department, the commission, and the contractor must comply
2 with the cooperative transfer agreement. The Florida
3 Corrections Commission shall routinely monitor and document
4 compliance with the agreement, mediate disputes between the
5 department and the commission, and make recommendations to the
6 Governor for final resolution.
7 Section 4. Section 957.08, Florida Statutes, is
8 amended to read:
9 957.08 Capacity requirements.--The department shall
10 transfer and assign inmates prisoners, at a rate to be
11 determined by contract the commission, to each private
12 correctional facility opened pursuant to this chapter in an
13 amount not less than 90 percent or more than 100 percent of
14 the capacity of the facility pursuant to the contract with the
15 commission. The types of inmates prisoners transferred by the
16 department must adhere to the cooperative transfer agreement
17 adopted pursuant to s. 957.06(2) and shall represent a
18 statistical cross-section cross section of the general inmate
19 population, based on the grade of custody or the offense of
20 conviction, the physical and mental health grade, and the
21 level of education, at the most comparable facility operated
22 by the department.
23 Section 5. (1) A private correctional facility in
24 this state may not house inmates from outside this state who
25 were convicted of violent crimes, including murder, rape,
26 child molestation, or sexual battery.
27 (2) A law enforcement agency may assess a charge
28 against the contractor that operates a private correctional
29 facility to cover the costs incurred by the agency in
30 apprehending any out-of-state inmate who escapes from the
31 private correctional facility.
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Florida Senate - 1999 SB 342
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1 Section 6. Section 957.035, Florida Statutes, is
2 created to read:
3 957.035 Prohibited conduct by commission members,
4 employees, and consultants.--
5 (1) Any commission member, employee, or consultant who
6 reviews, monitors, or approves private correctional facility
7 contracts may not:
8 (a) Solicit or accept, directly or indirectly, any
9 personal benefit or promise of benefit from any bidder,
10 potential bidder, or contractor; or
11 (b) Serve on any corporate board that may be a
12 subsidiary of, or financially associated with, any corporation
13 with which the commission may have a business relationship.
14 (2) This section may not be construed to conflict with
15 s. 112.313, s. 112.3145, or s. 112.3148.
16 Section 7. This act shall take effect July 1, 1999.
17
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19 SENATE SUMMARY
20 Clarifies that it is a second-degree felony for a
prisoner to escape or attempt to escape from a private
21 correctional facility; a correctional facility operated
by the state, a county, or a municipality; or a facility
22 operated under a contract with the state, a county, or a
municipality. Revises provisions related to the operation
23 of private correctional facilities. Requires such
facilities to operate under the same conditions as
24 publicly operated facilities. Prohibits such facilities
from housing certain violent inmates from other states.
25 Provides that a law enforcement agency may charge a
private correctional facility for the costs incurred in
26 apprehending an out-of-state inmate who escapes from the
facility. Provides for a cooperative transfer agreement
27 for transferring inmates between a private facility and
one operated by the state. Revises standards for use in
28 determining capacity requirements of such facilities.
Prohibits certain conduct by members of the Correctional
29 Privatization Commission and its employees and
consultants.
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