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

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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
    4-594A-99




  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

18            *****************************************

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.
30

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