House Bill 1111
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Florida House of Representatives - 2000 HB 1111
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; correcting a cross reference; creating
15 s. 951.221, F.S.; prohibiting sexual misconduct
16 by employees of county or municipal detention
17 facilities; providing for termination of
18 employment under certain circumstances;
19 providing penalties; providing an effective
20 date.
21
22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. This act may be cited as the "Protection
25 Against Sexual Violence in Florida Jails and Prisons Act."
26 Section 2. Subsection (4) of section 944.35, Florida
27 Statutes, is amended, and subsections (5), (6), and (7) are
28 added to said section, to read:
29 944.35 Authorized use of force; malicious battery and
30 sexual misconduct prohibited; reporting required; penalties.--
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Florida House of Representatives - 2000 HB 1111
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1 (4)(a) Any employee required to report pursuant to
2 this section who knowingly or willfully fails to do so, or who
3 knowingly or willfully prevents another person from doing so,
4 commits a misdemeanor of the first degree, punishable as
5 provided in s. 775.082 or s. 775.083.
6 (b) Any person who knowingly or willfully submits
7 inaccurate, incomplete, or untruthful information with regard
8 to reports required in this section commits a misdemeanor of
9 the first degree, punishable as provided in s. 775.082 or s.
10 775.083.
11 (c) Any person who knowingly or willfully coerces or
12 threatens any other person with the intent to alter either
13 testimony or a written report regarding an incident where
14 force was used or an incident of sexual misconduct commits a
15 felony of the third degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084.
17
18 As part of the correctional officer training program, the
19 Criminal Justice Standards and Training Commission shall
20 develop course materials for inclusion in the appropriate
21 required course specifically designed to explain the
22 parameters of this subsection and to teach sexual assault
23 identification and prevention methods and techniques.
24 (5) State correctional institutions and private
25 correctional facilities housing state inmates shall:
26 (a) Provide an initial orientation program on sexual
27 assault to all inmates within 48 hours after incarceration.
28 The program shall provide at least the following information:
29 1. A realistic presentation on how to avoid sexual
30 violence while incarcerated.
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Florida House of Representatives - 2000 HB 1111
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1 2. Information on how to prevent and reduce the risk
2 of sexual violence.
3 3. Information on available sexual assault counseling.
4 4. The procedure for requesting sexual assault
5 counseling.
6 (b) Post in areas to which all inmates normally have
7 daily access an easily readable toll-free number for reporting
8 sexual misconduct to the inspector general of the department.
9 (c) Provide sexual assault counseling to any prisoner
10 who requests it.
11 1. Sexual assault counseling shall be provided by
12 trained or experienced representatives of faith-based
13 organizations or community outreach organizations that have
14 been approved by the department to provide such programming.
15 State correctional institutions may contract with faith-based
16 organizations or community outreach organizations to provide
17 sexual assault counseling services.
18 2. Literature and tapes on rape and rape trauma
19 syndrome developed or sponsored by community rape crisis
20 centers or state or national nonprofit organizations with
21 expertise in sexual assault issues shall not be barred from
22 any state correctional institution unless the administrator
23 determines that a particular item is unsuitable. Such
24 literature provided to a state correctional institution shall
25 be left out in areas where inmates can take it without calling
26 attention to themselves, such as in the library, medical
27 clinic, recreation halls, mental health offices, and
28 educational areas.
29 (6) A guard or other employee of a state correctional
30 institution who becomes aware of an actual or threatened
31 sexual assault, or a credible report of an actual or
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Florida House of Representatives - 2000 HB 1111
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1 threatened sexual assault, on a prisoner in the custody of the
2 institution shall promptly report this situation to the
3 inspector general of the department, who shall respond as
4 provided in paragraph (3)(d).
5 (7) In administering its internal disciplinary
6 process, a state correctional institution shall allow a
7 prisoner charged with fighting to plead the need for
8 self-defense against a sexual assault as an exculpatory
9 factor.
10 Section 3. Section 951.221, Florida Statutes, is
11 created to read:
12 951.221 Sexual activity between detention facility
13 employees and inmates; penalties.--
14 (1) Any employee of a county or municipal detention
15 facility or of a private detention facility under contract
16 with a county commission who engages in sexual misconduct, as
17 defined in s. 944.35(3)(b)1., with an inmate or an offender
18 supervised by the facility without committing the crime of
19 sexual battery commits a felony of the third degree,
20 punishable as provided in s. 775.082, s. 775.083, or s.
21 775.084. The consent of an inmate to any act of sexual
22 misconduct shall not be raised as a defense to prosecution
23 under this section.
24 (2) Notwithstanding prosecution, any violation of the
25 provisions of this section, as determined by the administrator
26 of the facility, shall constitute sufficient cause for
27 dismissal from employment, and such person shall not again be
28 employed in any capacity in connection with the correctional
29 system.
30 Section 4. Subsections (10) and (11) of section
31 951.23, Florida Statutes, are renumbered as subsections (13)
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1 and (14), respectively, paragraph (e) of subsection (9) is
2 amended, and new subsections (10), (11), and (12) are added to
3 said section, to read:
4 951.23 County and municipal detention facilities;
5 definitions; administration; standards and requirements.--
6 (9) INMATE COMMISSARY AND WELFARE FUND.--
7 (e) The officer in charge shall be responsible for an
8 audit of the fiscal management of the commissary by a
9 disinterested party on an annual basis, which shall include
10 certification of compliance with the pricing requirements of
11 paragraph (1)(b) above. Appropriate transaction records and
12 stock inventory shall be kept current.
13 (10) PROTECTION AGAINST SEXUAL VIOLENCE.--County
14 detention facilities and municipal detention facilities and
15 private detention facilities under contract with a county
16 commission shall:
17 (a) Provide an initial orientation program on sexual
18 assault to all inmates within 48 hours after detention. The
19 program shall provide at least the following information:
20 1. A realistic presentation on how to avoid sexual
21 violence while incarcerated.
22 2. Information on how to prevent and reduce the risk
23 of sexual violence.
24 3. Information on available sexual assault counseling.
25 4. The procedure for requesting sexual assault
26 counseling.
27 (b) Post in areas to which all inmates normally have
28 daily access an easily readable toll-free number for reporting
29 sexual misconduct to the person responsible for facility
30 inspection and investigation, internal affairs investigations,
31 inmate grievances, and management reviews.
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Florida House of Representatives - 2000 HB 1111
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1 (c) Provide sexual assault counseling to any prisoner
2 who requests it.
3 1. Sexual assault counseling shall be provided by
4 trained or experienced representatives of a faith-based
5 organization, community outreach organization, or other
6 appropriate organization that has been approved by the
7 facility administrator to provide such programming. County
8 detention facilities and municipal detention facilities may
9 contract with faith-based or community outreach organizations
10 to provide these counseling services.
11 2. Literature and tapes on rape and rape trauma
12 syndrome developed or sponsored by community rape crisis
13 centers or state or national nonprofit organizations with
14 expertise in sexual assault issues shall not be barred from
15 any county detention facility or municipal detention facility
16 unless the administrator determines that a particular item is
17 unsuitable. Such literature provided to a detention center
18 shall be left out in areas where prisoners can take it without
19 calling attention to themselves, such as in the library,
20 medical clinic, recreation halls, mental health offices, and
21 educational areas.
22 (d) Develop and implement an employee training program
23 to identify and prevent sexual assault. The training program
24 shall provide at least 2 hours of training for each employee.
25 (11) A guard or other employee of the detention
26 facility who becomes aware of an actual or threatened sexual
27 assault, or a credible report of an actual or threatened
28 sexual assault, on a prisoner in the custody of the detention
29 facility shall promptly report this situation to the person
30 responsible for facility inspection and investigation,
31 internal affairs investigations, inmate grievances, and
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Florida House of Representatives - 2000 HB 1111
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1 management reviews who shall immediately conduct an
2 appropriate investigation, and, if probable cause is
3 determined that a violation of this subsection has occurred,
4 the respective state attorney in the circuit in which the
5 incident occurred shall be notified.
6 (12) In administering its internal disciplinary
7 process, the detention facility shall allow a prisoner charged
8 with fighting to plead the need for self-defense against a
9 sexual assault as an exculpatory factor.
10 Section 5. This act shall take effect October 1, 2000.
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13 HOUSE SUMMARY
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Creates the "Protection Against Sexual Violence in
15 Florida Jails and Prisons Act." Requires the Department
of Corrections and county and municipal detention
16 facilities to provide an orientation program and
counseling. Requires development of a course relating to
17 sexual assault identification and prevention as part of
the correctional officer training program. Requires
18 reporting of sexual assault by department employees.
Prohibits sexual misconduct by employees of county or
19 municipal detention facilities. Provides for termination
of employment under certain circumstances.
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