House Bill 1069

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    Florida House of Representatives - 2000                HB 1069

        By the Committee on Rules & Calendar and Representative
    Arnall





  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 110.205, 112.3145, 112.531,

  4         121.0515, 790.001, 922.052, 922.11, 922.12,

  5         922.15, 944.09, 944.115, 944.14, 944.151,

  6         944.28, 944.35, 944.402, 944.516, 945.41,

  7         945.42, 945.43, 945.44, 945.45, 945.46, 945.47,

  8         945.48, 946.25, and 947.26, F.S., pursuant to

  9         the directive in s. 7, ch. 99-271, Laws of

10         Florida, to change the term "superintendent" to

11         "warden" wherever it appears in specified

12         provisions of the Florida Statutes.

13

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

15

16         Section 1.  Paragraph (l) of subsection (2) of section

17  110.205, Florida Statutes, is amended to read:

18         110.205  Career service; exemptions.--

19         (2)  EXEMPT POSITIONS.--The exempt positions which are

20  not covered by this part include the following, provided that

21  no position, except for positions established for a limited

22  period of time pursuant to paragraph (h), shall be exempted if

23  the position reports to a position in the career service:

24         (l)  All assistant division director, deputy division

25  director, and bureau chief positions in any department, and

26  those positions determined by the department to have

27  managerial responsibilities comparable to such positions,

28  which positions include, but are not limited to, positions in

29  the Department of Health, the Department of Children and

30  Family Services, and the Department of Corrections that are

31  assigned primary duties of serving as the superintendent or

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  1  assistant superintendent, or warden or assistant warden, of an

  2  institution; positions in the Department of Corrections that

  3  are assigned primary duties of serving as the circuit

  4  administrator or deputy circuit administrator; positions in

  5  the Department of Transportation that are assigned primary

  6  duties of serving as regional toll managers and managers of

  7  offices as defined in s. 20.23(3)(d)3. and (4)(d); positions

  8  in the Department of Environmental Protection that are

  9  assigned the duty of an Environmental Administrator or program

10  administrator; those positions described in s. 20.171 as

11  included in the Senior Management Service; and positions in

12  the Department of Health that are assigned the duties of

13  Environmental Administrator, Assistant County Health

14  Department Director, and County Health Department Financial

15  Administrator. Unless otherwise fixed by law, the department

16  shall set the salary and benefits of these positions in

17  accordance with the rules established for the Selected Exempt

18  Service.

19         Section 2.  Paragraph (b) of subsection (1) of section

20  112.3145, Florida Statutes, is amended to read:

21         112.3145  Disclosure of financial interests and clients

22  represented before agencies.--

23         (1)  For purposes of this section, unless the context

24  otherwise requires, the term:

25         (b)  "Specified state employee" means:

26         1.  Public counsel created by chapter 350, an assistant

27  state attorney, an assistant public defender, a full-time

28  state employee who serves as counsel or assistant counsel to

29  any state agency, a judge of compensation claims, an

30  administrative law judge, or a hearing officer.

31

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  1         2.  Any person employed in the office of the Governor

  2  or in the office of any member of the Cabinet if that person

  3  is exempt from the Career Service System, except persons

  4  employed in clerical, secretarial, or similar positions.

  5         3.  Each appointed secretary, assistant secretary,

  6  deputy secretary, executive director, assistant executive

  7  director, or deputy executive director of each state

  8  department, commission, board, or council; unless otherwise

  9  provided, the division director, assistant division director,

10  deputy director, bureau chief, and assistant bureau chief of

11  any state department or division; or any person having the

12  power normally conferred upon such persons, by whatever title.

13         4.  The superintendent or institute director of a state

14  mental health institute established for training and research

15  in the mental health field or the warden superintendent or

16  director of any major state institution or facility

17  established for corrections, training, treatment, or

18  rehabilitation.

19         5.  Business managers, purchasing agents having the

20  power to make any purchase exceeding the threshold amount

21  provided for in s. 287.017 for CATEGORY ONE, finance and

22  accounting directors, personnel officers, or grants

23  coordinators for any state agency.

24         6.  Any person, other than a legislative assistant

25  exempted by the presiding officer of the house by which the

26  legislative assistant is employed, who is employed in the

27  legislative branch of government, except persons employed in

28  maintenance, clerical, secretarial, or similar positions.

29         7.  Each employee of the Commission on Ethics.

30         Section 3.  Subsection (2) of section 112.531, Florida

31  Statutes, is amended to read:

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  1         112.531  Definitions.--As used in this part:

  2         (2)  "Correctional officer" means any person, other

  3  than a warden superintendent, who is appointed or employed

  4  full time by the state or any political subdivision thereof

  5  whose primary responsibility is the supervision, protection,

  6  care, custody, or control of inmates within a correctional

  7  institution; and includes correctional probation officers, as

  8  defined in s. 943.10(3). However, the term "correctional

  9  officer" does not include any secretarial, clerical, or

10  professionally trained personnel.

11         Section 4.  Paragraph (c) of subsection (2) of section

12  121.0515, Florida Statutes, is amended to read:

13         121.0515  Special risk membership; criteria;

14  designation and removal of classification; credits for past

15  service and prior service; retention of special risk normal

16  retirement date.--

17         (2)  CRITERIA.--A member, to be designated as a special

18  risk member, must meet the following criteria:

19         (c)  The member must be employed as a correctional

20  officer and be certified, or required to be certified, in

21  compliance with s. 943.1395.  In addition, the member's

22  primary duties and responsibilities must be the custody, and

23  physical restraint when necessary, of prisoners or inmates

24  within a prison, jail, or other criminal detention facility,

25  or while on work detail outside the facility, or while being

26  transported; or the member must be the supervisor or command

27  officer of a member or members who have such responsibilities;

28  provided, however, administrative support personnel,

29  including, but not limited to, those whose primary duties and

30  responsibilities are in accounting, purchasing, legal, and

31  personnel, shall not be included; however, wardens

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  1  superintendents and assistant wardens superintendents shall

  2  participate in the Special Risk Class; or

  3         Section 5.  Paragraph (d) of subsection (8) of section

  4  790.001, Florida Statutes, is amended to read:

  5         790.001  Definitions.--As used in this chapter, except

  6  where the context otherwise requires:

  7         (8)  "Law enforcement officer" means:

  8         (d)  An employee of the state prisons or correctional

  9  systems who has been so designated by the Department of

10  Corrections or by a warden superintendent of an institution;

11         Section 6.  Subsection (1) of section 922.052, Florida

12  Statutes, is amended to read:

13         922.052  Issuance of warrant of execution.--

14         (1)  When a person is sentenced to death, the clerk of

15  the court shall prepare a certified copy of the record of the

16  conviction and sentence, and the sheriff shall send the record

17  to the Governor.  The sentence shall not be executed until the

18  Governor issues a warrant, attaches it to the copy of the

19  record, and transmits it to the warden superintendent,

20  directing the warden superintendent to execute the sentence at

21  a time designated in the warrant.

22         Section 7.  Subsections (1) and (2) of section 922.11,

23  Florida Statutes, are amended to read:

24         922.11  Regulation of execution.--

25         (1)  The warden superintendent of the state prison or a

26  deputy designated by him or her shall be present at the

27  execution.  The warden superintendent shall set the day for

28  execution within the week designated by the Governor in the

29  warrant.

30         (2)  Twelve citizens selected by the warden

31  superintendent shall witness the execution.  A qualified

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  1  physician shall be present and announce when death has been

  2  inflicted. Counsel for the convicted person and ministers of

  3  religion requested by the convicted person may be present.

  4  Representatives of news media may be present under rules

  5  approved by the Secretary of Corrections. All other persons,

  6  except prison officers and correctional officers, shall be

  7  excluded during the execution.

  8         Section 8.  Section 922.12, Florida Statutes, is

  9  amended to read:

10         922.12  Return of warrant of execution issued by

11  Governor.--After the death sentence has been executed, the

12  warden superintendent of the state prison shall send the

13  warrant and a signed statement of the execution to the

14  Secretary of State.  The warden superintendent shall file an

15  attested copy of the warrant and statement with the clerk of

16  the court that imposed the sentence.

17         Section 9.  Section 922.15, Florida Statutes, is

18  amended to read:

19         922.15  Return of warrant of execution issued by

20  Supreme Court.--After the sentence has been executed pursuant

21  to a warrant issued by the Supreme Court, the warden

22  superintendent of the state prison shall send the warrant and

23  a signed statement of the execution to the Secretary of State.

24  The warden superintendent shall file an attested copy of the

25  warrant and statement with the clerk of the court that imposed

26  the sentence. The warden superintendent shall send to the

27  Governor an attested copy of the warrant and statement.

28         Section 10.  Paragraph (n) of subsection (1) and

29  subsection (2) of section 944.09, Florida Statutes, are

30  amended to read:

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  1         944.09  Rules of the department; offenders,

  2  probationers, and parolees.--

  3         (1)  The department has authority to adopt rules

  4  pursuant to ss. 120.536(1) and 120.54 to implement its

  5  statutory authority. The rules must include rules relating to:

  6         (n)  Visiting hours and privileges.  The rules shall

  7  provide that any inmate with a current or prior conviction for

  8  any offense contained in chapter 794, chapter 800, chapter

  9  827, or chapter 847 for committing or attempting to commit

10  aggravated child abuse or committing or attempting to commit a

11  sex act on, in the presence of, or against a child under the

12  age of 16 years, shall not be allowed visitation with anyone

13  under the age of 18 years, unless special visitation is

14  approved by the warden superintendent.  The authorization for

15  special visitation shall be based on extenuating circumstances

16  that serve the interest of the children.  If visiting is

17  restricted by court order, permission for special visitation

18  may be granted only by the judge issuing the order.

19         (2)  It is the duty of the wardens superintendents to

20  supervise the governance, discipline, and policy of the state

21  correctional institutions and to enforce all orders and rules.

22         Section 11.  Paragraph (b) of subsection (3) of section

23  944.115, Florida Statutes, is amended to read:

24         944.115  Smoking prohibited inside state correctional

25  facilities.--

26         (3)

27         (b)1.  An employee or visitor may not use any tobacco

28  products in prohibited areas.

29         2.  The superintendent, warden, or supervisor of a

30  state correctional facility shall take reasonable steps to

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  1  ensure that the tobacco prohibition for employees and visitors

  2  is strictly enforced.

  3         Section 12.  Section 944.14, Florida Statutes, is

  4  amended to read:

  5         944.14  Supervision of correctional institutions;

  6  enforcement of orders and regulations.--Subject to the orders,

  7  policies, and regulations established by the department, it

  8  shall be the duty of the wardens or superintendents to

  9  supervise the government, discipline, and policy of the state

10  correctional institutions, and to enforce all orders, rules

11  and regulations.

12         Section 13.  Subsection (1) of section 944.151, Florida

13  Statutes, is amended to read:

14         944.151  Security of correctional institutions;

15  legislative intent; periodic physical inspection of

16  facilities; security audits; reports of security audits;

17  procedures in the event of escapes; annual budget request.--It

18  is the intent of the Legislature that the Department of

19  Corrections shall be responsible for the security of the

20  correctional institutions and facilities. The security of the

21  state's correctional institutions and facilities is critical

22  to ensure public safety and to contain violent and chronic

23  offenders until offenders are otherwise released from the

24  department's custody pursuant to law.  The Secretary of

25  Corrections shall, at a minimum:

26         (1)  Appoint a security review committee which shall,

27  at a minimum, be composed of:  the inspector general, the

28  statewide security coordinator, the regional security

29  coordinators, and three wardens superintendents and one

30  correctional officer.  The security review committee shall:

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  1         (a)  Establish a periodic schedule for the physical

  2  inspection of buildings and structures of each state and

  3  private correctional institution to determine security

  4  deficiencies.  In scheduling the inspections, priority shall

  5  be given to older institutions, institutions that house a

  6  large proportion of violent offenders, and institutions that

  7  have experienced a significant number of escapes or escape

  8  attempts in the past.

  9         (b)  Conduct or cause to be conducted announced and

10  unannounced comprehensive security audits of all state and

11  private correctional institutions.  In conducting the security

12  audits, priority shall be given to older institutions,

13  institutions that house a large proportion of violent

14  offenders, and institutions that have experienced a history of

15  escapes or escape attempts.  At a minimum, the audit shall

16  include an evaluation of the physical plant, landscaping,

17  fencing, security alarms and perimeter lighting, and inmate

18  classification and staffing policies.  Each correctional

19  institution shall be audited at least annually.  The secretary

20  shall report the general survey findings annually to the

21  Governor and the Legislature.

22         (c)  Adopt and enforce minimum security standards and

23  policies that include, but are not limited to:

24         1.  Random monitoring of outgoing telephone calls by

25  inmates.

26         2.  Maintenance of current photographs of all inmates.

27         3.  Daily inmate counts at varied intervals.

28         4.  Use of canine units, where appropriate.

29         5.  Use of escape alarms and perimeter lighting.

30         6.  Florida Crime Information Center/National Crime

31  Information Center capabilities.

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  1         7.  Employment background investigations.

  2         (d)  Annually make written prioritized budget

  3  recommendations to the secretary that identify critical

  4  security deficiencies at major correctional institutions.

  5         (e)  Investigate and evaluate the usefulness and

  6  dependability of existing security technology at the

  7  institutions and new technology available and make periodic

  8  written recommendations to the secretary on the

  9  discontinuation or purchase of various security devices.

10         (f)  Contract, if deemed necessary, with security

11  personnel, consulting engineers, architects, or other security

12  experts the committee deems necessary for security audits and

13  security consultant services.

14         (g)  Establish a periodic schedule for conducting

15  announced and unannounced escape simulation drills.

16         Section 14.  Paragraph (c) of subsection (2) and

17  subsection (3) of section 944.28, Florida Statutes, are

18  amended to read:

19         944.28  Forfeiture of gain-time and the right to earn

20  gain-time in the future.--

21         (2)

22         (c)  The method of declaring a forfeiture under

23  paragraph (a) or paragraph (b) shall be as follows:  A written

24  charge shall be prepared, which shall specify each instance of

25  misconduct upon which it is based and the approximate date

26  thereof.  A copy of such charge shall be delivered to the

27  prisoner, and he or she shall be given notice of a hearing

28  before the disciplinary committee created under the

29  authorization of rules heretofore or hereafter adopted by the

30  department for the institution in which he or she is confined.

31  The prisoner shall be present at the hearing.  If at such

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  1  hearing the prisoner pleads guilty to the charge or if the

  2  committee determines that the prisoner is guilty thereof upon

  3  the basis of proof presented at such hearing, it shall find

  4  him or her guilty.  If the committee considers that all or

  5  part of the prisoner's gain-time and the prisoner's right to

  6  earn gain-time during all or any part of the sentence or

  7  sentences under which he or she is imprisoned shall be

  8  forfeited, it shall so recommend in its written report. Such

  9  report shall be presented to the warden superintendent of the

10  institution, who may approve such recommendation in whole or

11  in part by endorsing such approval on the report.  In the

12  event of approval, the warden superintendent shall forward the

13  report to the department. Thereupon, the department may, in

14  its discretion, declare the forfeiture thus approved by the

15  warden superintendent or any specified part thereof.

16         (3)  Upon the recommendation of the warden

17  superintendent, the department may, in its discretion, restore

18  all or any part of any gain-time forfeited under this section.

19         Section 15.  Paragraph (b) of subsection (1),

20  subsection (2), and paragraph (d) of subsection (3) of section

21  944.35, Florida Statutes, are amended to read:

22         944.35  Authorized use of force; malicious battery and

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

24         (1)

25         (b)  Following any use of force, a qualified health

26  care provider shall examine any person physically involved to

27  determine the extent of injury, if any, and shall prepare a

28  report which shall include, but not be limited to, a statement

29  of whether further examination by a physician is necessary.

30  Any noticeable physical injury shall be examined by a

31  physician and the physician shall prepare a report documenting

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  1  the extent and probable cause of the injury and the treatment

  2  prescribed.  Such report shall be completed within 5 working

  3  days of the incident and shall be submitted to the warden

  4  superintendent for appropriate investigation.

  5         (2)  Each employee of the department who either applies

  6  physical force or was responsible for making the decision to

  7  apply physical force upon an inmate or an offender supervised

  8  by the department in the community pursuant to this subsection

  9  shall prepare, date, and sign an independent report within 5

10  working days of the incident. The report shall be delivered to

11  the warden superintendent or the regional administrator, who

12  shall have an investigation made and shall approve or

13  disapprove the force used. The employee's report, together

14  with the warden's superintendent's or regional administrator's

15  written approval or disapproval of the force used and the

16  reasons therefor, shall be forwarded within 5 working days of

17  the date of the completion of the investigation to the

18  regional director. The regional director shall, in writing,

19  concur in the warden's superintendent's or regional

20  administrator's evaluation or disapprove it.  Copies of the

21  employee's report, the warden's superintendent's or regional

22  administrator's evaluation, and the regional director's review

23  shall be kept in the files of the inmate or the offender

24  supervised by the department in the community. A notation of

25  each incident involving use of force and the outcome based on

26  the warden's superintendent's or regional director's

27  evaluation and the regional administrator's review shall be

28  kept in the employee's file.

29         (3)

30         (d)  Each employee who witnesses, or has reasonable

31  cause to suspect, that an inmate or an offender under the

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  1  supervision of the department in the community has been

  2  unlawfully abused or is the subject of sexual misconduct

  3  pursuant to this subsection shall immediately prepare, date,

  4  and sign an independent report specifically describing the

  5  nature of the force used or the nature of the sexual

  6  misconduct, the location and time of the incident, and the

  7  persons involved.  The report shall be delivered to the

  8  inspector general of the department with a copy to be

  9  delivered to the warden superintendent of the institution or

10  the regional administrator. The inspector general shall

11  immediately conduct an appropriate investigation, and, if

12  probable cause is determined that a violation of this

13  subsection has occurred, the respective state attorney in the

14  circuit in which the incident occurred shall be notified.

15         Section 16.  Section 944.402, Florida Statutes, is

16  amended to read:

17         944.402  Reward for capture of escapee from

18  correctional institution.--The warden superintendent of a

19  state correctional institution may pay a reward in an amount

20  not greater than $100 from institutional funds to each person

21  who is directly responsible for the capture of an inmate who

22  has escaped from the institution.  The warden superintendent

23  of the institution from which the inmate escaped shall

24  determine the amount of the reward. Employees of state,

25  county, and municipal law enforcement or correctional agencies

26  who are engaged in the apprehension, detection, or detention

27  of prisoners are not eligible to receive such rewards.

28         Section 17.  Section 944.516, Florida Statutes, is

29  amended to read:

30         944.516  Money or other property received for personal

31  use or benefit of inmate; deposit; disposition of unclaimed

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  1  trust funds.--The Department of Corrections shall protect the

  2  financial interest of the state with respect to claims which

  3  the state may have against inmates in state institutions under

  4  its supervision and control and shall administer money and

  5  other property received for the personal benefit of such

  6  inmates.  In carrying out the provisions of this section, the

  7  department may delegate any of its enumerated powers and

  8  duties affecting inmates of an institution to the warden

  9  superintendent or regional director who shall personally, or

10  through designated employees of his or her personal staff

11  under his or her direct supervision, exercise such powers or

12  perform such duties.

13         (1)  The Department of Corrections may:

14         (a)  Accept and administer as a trust any money or

15  other property received for the personal use or benefit of any

16  inmate.

17         (b)  Deposit money so received in banks qualified as

18  state depositories.

19         (c)  Withdraw any such money and use it to meet the

20  current needs of the inmate as they may exist from time to

21  time.

22         (d)  As trustee, invest in the manner authorized by law

23  for fiduciaries such moneys not required to be used for

24  current needs of the inmate.

25         (e)  Commingle such moneys for the purpose of deposit

26  or investment.

27         (f)  Use interest earned from investments to replace

28  any funds belonging to an inmate which have been stolen, lost,

29  or otherwise misappropriated from the inmate's trust account

30  through no fault of the state and which cannot be replaced by

31  appropriated funds, insurance payments, or other available

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  1  resources.  Such use of interest may be made only if, pursuant

  2  to a thorough investigation as part of the normal auditing

  3  process, the internal auditor of the department recommends in

  4  a written report that such use is appropriate.  The report may

  5  also recommend other action, including prosecution, with

  6  respect to any missing funds.  If the internal auditor of the

  7  department concludes that the department is at fault, the loss

  8  shall be replaced out of department funds; interest from the

  9  inmate trust fund may not be used to replace such loss.

10         (g)  Establish, by rule, a limit on each inmate's trust

11  account, including the interest earned thereon, and deduct

12  from any moneys in the inmate's trust account exceeding that

13  limit moneys sufficient to pay for the cost of postage of any

14  mail sent by the inmate which postage the state is not

15  constitutionally required to pay.

16         (2)  The department shall require documentation through

17  an accounting of receipts for expenditures by inmates placed

18  on extended limits of confinement pursuant to s. 945.091.

19  However, the department may allow such inmates an amount up to

20  $25 per week which may not require documentation and which may

21  be used for discretionary needs.  The $25 per week may be

22  increased by $5 biennially, beginning in fiscal year

23  1985-1986, up to a total of $50.

24         (3)  Moneys received by the department in payment of

25  claims of the state against inmates shall be transmitted to

26  the Treasurer for deposit into the General Revenue Fund.

27         (4)  Upon the death of any inmate in an institution

28  affected by the provisions of this section, any unclaimed

29  money held for the inmate in trust by the department or by the

30  Treasurer shall be applied first to the payment of any unpaid

31  state claim against the inmate, and any balance remaining

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  1  unclaimed for a period of 1 year shall escheat to the state as

  2  unclaimed funds held by fiduciaries.

  3         (5)  When an inmate is transferred between department

  4  facilities, is released from the custody of the department,

  5  dies, or escapes during incarceration, and the inmate has an

  6  unexpended inmate trust fund account balance of less than $1,

  7  that balance shall be transferred to the Inmate Welfare Trust

  8  Fund.

  9         Section 18.  Subsection (4) of section 945.41, Florida

10  Statutes, is amended to read:

11         945.41  Legislative intent of ss. 945.40-945.49.--It is

12  the intent of the Legislature that mentally ill inmates in the

13  custody of the Department of Corrections receive evaluation

14  and appropriate treatment for their mental illness through a

15  continuum of services.  It is further the intent of the

16  Legislature that:

17         (4)  Any inmate sentenced as a youthful offender, or

18  designated as a youthful offender by the department pursuant

19  to chapter 958, who is transferred pursuant to this act to a

20  mental health treatment facility be separated from other

21  inmates, if necessary, as determined by the warden

22  superintendent of the treatment facility.  In no case shall

23  any youthful offender be placed at the Florida State Prison or

24  the Union Correctional Institution for mental health

25  treatment.

26         Section 19.  Subsection (12) of section 945.42, Florida

27  Statutes, is amended to read:

28         945.42  Definitions.--As used in ss. 945.40-945.49, the

29  following terms shall have the meanings ascribed to them,

30  unless the context shall clearly indicate otherwise:

31

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  1         (12)  "Warden" "Superintendent" means the warden

  2  superintendent of a state corrections facility or his or her

  3  designee.

  4         Section 20.  Paragraphs (a) and (c) of subsection (2)

  5  and subsections (3) and (4) of section 945.43, Florida

  6  Statutes, are amended to read:

  7         945.43  Admission of inmate to mental health treatment

  8  facility.--

  9         (2)  ADMISSION TO A MENTAL HEALTH TREATMENT FACILITY.--

10         (a)  An inmate may be admitted to a mental health

11  treatment facility after notice and hearing, upon the

12  recommendation of the warden superintendent of the facility

13  where the inmate is confined and of the director. The

14  recommendation shall be entered on a certificate and must be

15  supported by the expert opinion of a psychiatrist and the

16  second opinion of a psychiatrist or psychologist. The

17  certificate shall be filed with the court in the county where

18  the inmate is located and shall serve as a petition for a

19  hearing regarding placement.

20         (c)  The petition may be filed in the county in which

21  the inmate is being treated at any time within 6 months of the

22  date of the certificate.  The hearing shall be held in the

23  same county, and one of the inmate's physicians at the

24  facility shall appear as a witness at the hearing.  If the

25  court finds that the inmate is mentally ill and in need of

26  care and treatment, it shall order that he or she be admitted

27  to a mental health treatment facility or, if the inmate is at

28  a mental health treatment facility, that he or she be retained

29  there. However, the inmate may be immediately transferred to

30  and admitted at a mental health treatment facility by

31  executing a waiver of the hearing by express and informed

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  1  consent, without awaiting the court order. The court shall

  2  authorize the mental health treatment facility to retain the

  3  inmate for up to 6 months. If, at the end of that time,

  4  continued treatment is necessary, the warden superintendent

  5  shall apply to the court for an order authorizing continued

  6  placement.

  7         (3)  PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR

  8  MENTAL HEALTH TREATMENT.--If the inmate does not waive a

  9  hearing or if the inmate or the inmate's representative files

10  a petition for a hearing after having waived it, the court

11  shall serve notice on the warden superintendent of the

12  facility where the inmate is confined, the director, and the

13  allegedly mentally ill inmate.  The notice shall specify the

14  date, time, and place of the hearing; the basis for the

15  allegation of mental illness; and the names of the examining

16  experts.  The hearing shall be held within 5 days, and the

17  court may appoint a master to preside.  The hearing may be as

18  informal as is consistent with orderly procedure.  One of the

19  experts whose opinion supported the recommendation shall be

20  present at the hearing for information purposes.  If, at the

21  hearing, the court finds that the inmate is mentally ill and

22  in need of care and treatment, it shall order that he or she

23  be transferred to a mental health treatment facility and

24  provided appropriate treatment.  The court shall provide a

25  copy of its order authorizing transfer and all supporting

26  documentation relating to the inmate's condition to the warden

27  superintendent of the treatment facility.  If the court finds

28  that the inmate is not mentally ill, it shall dismiss the

29  petition for transfer.

30         (4)  ADMISSION; WHEN REFUSAL ALLOWED.--The warden

31  superintendent of a treatment facility may refuse to admit any

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  1  inmate who is not accompanied by adequate court orders and

  2  documentation, as required in ss. 945.40-945.49.

  3         Section 21.  Subsection (2) of section 945.44, Florida

  4  Statutes, is amended to read:

  5         945.44  Emergency admission of inmate to mental health

  6  treatment facility.--

  7         (2)  PROCEDURE FOR EMERGENCY ADMISSION.--An inmate who

  8  is mentally ill and in immediate need of care and treatment

  9  which cannot be provided at the institution where he or she is

10  confined may be admitted to a mental health treatment facility

11  on an emergency basis.  The inmate may be transferred

12  immediately to the facility and shall be accompanied by the

13  recommendation of the warden superintendent of the institution

14  where the inmate is confined, which recommendation shall state

15  the need for the transfer and shall include a written opinion

16  of a physician verifying the need for transfer. Upon the

17  admission of the inmate to the facility, the inmate shall be

18  evaluated; if he or she is determined to be in need of

19  treatment or care, the warden superintendent shall initiate

20  proceedings for placement of the inmate, as described in s.

21  945.43(2).

22         Section 22.  Subsection (1) of section 945.45, Florida

23  Statutes, is amended to read:

24         945.45  Procedure for continued placement of inmates.--

25         (1)  If continued placement of an inmate is necessary,

26  the warden superintendent shall, prior to the expiration of

27  the period during which the treatment facility is authorized

28  to retain the inmate, request an order authorizing continued

29  placement.  This request shall be accompanied by a statement

30  from the inmate's physician justifying the request and a brief

31  summary of the inmate's treatment during the time he or she

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  1  has been placed. In addition, the warden superintendent shall

  2  submit an individualized plan for the inmate for whom he or

  3  she is requesting continued placement. Notification of this

  4  request for retention shall be mailed to the inmate and the

  5  inmate's representative along with a completed petition,

  6  requesting only a signature and a waiver-of-hearing form.  The

  7  waiver-of-hearing form shall require express and informed

  8  consent and shall state that the inmate is entitled to a

  9  hearing under the law; that the inmate is entitled to be

10  represented by an attorney at the hearing and that, if the

11  inmate cannot afford an attorney, one will be appointed; and

12  that, if it is shown at the hearing that the inmate does not

13  meet the criteria for continued placement, he or she will be

14  transferred to another facility of the department.  If the

15  inmate or the inmate's representative does not sign the

16  petition, or if the inmate does not sign a waiver within 15

17  days, the administrative law judge shall notice a hearing with

18  regard to the inmate involved in accordance with ss. 120.569

19  and 120.57(1).

20         Section 23.  Section 945.46, Florida Statutes, is

21  amended to read:

22         945.46  Initiation of involuntary placement proceedings

23  with respect to a mentally ill inmate scheduled for

24  release.--If an inmate who is receiving mental health

25  treatment in the department is scheduled for release through

26  expiration of sentence or any other means, but continues to be

27  mentally ill and in need of care and treatment, the warden

28  superintendent is authorized to initiate procedures for

29  involuntary placement pursuant to the provisions of s.

30  394.467, 60 days prior to such release.

31

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  1         Section 24.  Subsection (1) of section 945.47, Florida

  2  Statutes, is amended to read:

  3         945.47  Discharge of inmate from mental health

  4  treatment.--

  5         (1)  An inmate who has been transferred for the purpose

  6  of mental health treatment shall be discharged from treatment

  7  by the warden superintendent under the following conditions:

  8         (a)  If the inmate is no longer in need of care and

  9  treatment, he or she may be transferred to another institution

10  in the department;

11         (b)  If the inmate continues to be mentally ill, but is

12  not in need of care and treatment as an inpatient, he or she

13  may be transferred to another institution in the department

14  and provided appropriate outpatient and aftercare services;

15         (c)  If the inmate's sentence expires during his or her

16  treatment, but he or she is no longer in need of care and

17  treatment as an inpatient, the inmate may be released with a

18  recommendation for outpatient treatment, pursuant to the

19  provisions of ss. 945.40-945.49; or

20         (d)  If the inmate's sentence expires and he or she

21  continues to be mentally ill and in need of care and

22  treatment, the warden superintendent shall initiate

23  proceedings for involuntary placement, pursuant to s. 394.467.

24         Section 25.  Paragraphs (a), (b), and (d) of subsection

25  (2) of section 945.48, Florida Statutes, are amended to read:

26         945.48  Rights of inmate provided treatment.--

27         (2)  RIGHT TO EXPRESS AND INFORMED CONSENT.--Any inmate

28  provided psychiatric treatment within the department shall be

29  asked to give his or her express and informed written consent

30  for such treatment. "Express and informed written consent" or

31  "consent" means consent voluntarily given in writing after a

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  1  conscientious and sufficient explanation and disclosure of the

  2  purpose of the proposed treatment; the common side effects of

  3  the treatment, if any; the expected duration of the treatment;

  4  and the alternative treatment available.  The explanation

  5  shall enable the inmate to make a knowing and willful decision

  6  without any element of fraud, deceit, or duress or any other

  7  form of constraint or coercion.  Involuntary mental health

  8  treatment of an inmate who refuses treatment that is deemed to

  9  be necessary for the appropriate care of the inmate and the

10  safety of the inmate or others may be provided at an

11  institution authorized to do so by the Assistant Secretary for

12  Health Services under the following circumstances:

13         (a)  In an emergency situation in which there is

14  immediate danger to the health and safety of the inmate or

15  other inmates, such treatment may be provided upon the written

16  order of a physician for a period not to exceed 48 hours,

17  excluding weekends and legal holidays.  If, after the 48-hour

18  period, the inmate has not given express and informed consent

19  to the treatment initially refused, the warden superintendent

20  shall, within 48 hours, excluding weekends and legal holidays,

21  petition the circuit court serving the county in which the

22  facility is located for an order authorizing the continued

23  treatment of the inmate.  In the interim, treatment may be

24  continued upon the written order of a physician who has

25  determined that the emergency situation continues to present a

26  danger to the safety of the inmate or others.  If an inmate

27  must be isolated for mental health purposes, that decision

28  must be reviewed within 72 hours by medical staff different

29  from that making the original placement.

30         (b)  In a situation other than an emergency situation,

31  the warden superintendent shall petition the court for an

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  1  order authorizing the treatment of the inmate.  The order

  2  shall allow such treatment for a period not to exceed 90 days

  3  from the date of the order.  Unless the court is notified in

  4  writing that the inmate has provided express and informed

  5  consent in writing, that the inmate has been transferred to

  6  another institution of the department, or that the inmate is

  7  no longer in need of treatment, the warden superintendent

  8  shall, prior to the expiration of the initial 90-day order,

  9  petition the court for an order authorizing the continuation

10  of treatment for another 90-day period.  This procedure shall

11  be repeated until the inmate provides consent or is no longer

12  in need of treatment.  Treatment may be continued pending a

13  hearing after the filing of any petition.

14         (d)  In addition to the above provisions, when the

15  permission of the inmate cannot be obtained, the warden

16  superintendent of a mental health treatment facility, or his

17  or her designated representative, with the concurrence of the

18  inmate's attending physician, may authorize emergency surgical

19  or nonpsychiatric medical treatment if such treatment is

20  deemed lifesaving or there is a situation threatening serious

21  bodily harm to the inmate.

22         Section 26.  Section 946.25, Florida Statutes, is

23  amended to read:

24         946.25  Sale of hobbycrafts by prisoners.--When, in the

25  planning of the rehabilitation program of the Department of

26  Corrections through its recreational facilities, plans are

27  made for prisoners to engage in hobbies and hobbycrafts after

28  their normal working hours and when they are not required by

29  the superintendent or warden of a state prison or correctional

30  institution to be on their assigned duties, they may make

31  items of a hobby or hobbycraft nature which may be disposed of

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  1  by the prisoner through the institutional canteen or

  2  commissary to persons visiting the institution.

  3         Section 27.  Section 947.26, Florida Statutes, is

  4  amended to read:

  5         947.26  Cooperation of custodian of prisoner; right of

  6  access.--The superintendent, warden, or jailer of any jail or

  7  prison in which persons convicted of crime may be confined and

  8  all officers or employees thereof shall at all times cooperate

  9  with the commission and, upon its request, shall furnish it

10  with such information as they may have respecting any person

11  inquired about as will enable the commission properly to

12  perform its duties.  Such officials shall, at all reasonable

13  times, when the public safety permits, give the members of the

14  commission and its authorized agents and employees access to

15  all prisoners in their charge.

16

17         Reviser's note.--Amended pursuant to the

18         directive in s. 7, ch. 99-271, Laws of Florida,

19         to change the term "superintendent" to "warden"

20         wherever it appears in specified provisions of

21         the Florida Statutes.

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