Senate Bill 1432

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    Florida Senate - 2000                                  SB 1432

    By Senator Dawson





    30-126A-00

  1                      A bill to be entitled

  2         An act relating to prisons; creating the

  3         "Protection Against Sexual Violence in Florida

  4         Jails and Prisons Act"; amending ss. 944.35,

  5         951.23, F.S.; requiring the Criminal Justice

  6         Standards and Training Commission to develop a

  7         course relating to sexual assault

  8         identification and prevention as part of the

  9         correctional-officer training program;

10         authorizing the department and county and

11         municipal detention facilities to provide an

12         orientation program and counseling; creating s.

13         951.221, F.S.; prohibiting sexual misconduct by

14         employees of county or municipal detention

15         facilities; providing for termination of

16         employment under certain circumstances;

17         providing penalties; creating s. 951.223, F.S.;

18         prohibiting an officer or employee of a county

19         or municipal detention facility from receiving

20         any gift or other compensation from a prisoner

21         or making any gift or present to a prisoner

22         without the permission of the administrator of

23         the facility; providing penalties; providing an

24         effective date.

25

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

27

28         Section 1.  Sections 2 through 4 of this act may be

29  cited as the "Protection Against Sexual Violence in Florida

30  Jails and Prisons Act."

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    Florida Senate - 2000                                  SB 1432
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  1         Section 2.  Paragraph (b) of subsection (3) and

  2  subsection (4) of section 944.35, Florida Statutes, are

  3  amended, and subsection (5) is added to that section, to read:

  4         944.35  Authorized use of force; malicious battery and

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

  6         (3)

  7         (b)1.  As used in this paragraph, the term "sexual

  8  misconduct" means the oral, anal, or vaginal penetration by,

  9  or union with, the sexual organ of another or the anal or

10  vaginal penetration of another by any other object, but does

11  not include an act done for a bona fide medical purpose or an

12  internal search conducted in the lawful performance of the

13  employee's duty.

14         2.  Any employee of the department who engages in

15  sexual misconduct with an inmate or an offender supervised by

16  the department in the community, without committing the crime

17  of sexual battery, commits a felony of the third degree,

18  punishable as provided in s. 775.082, s. 775.083, or s.

19  775.084.

20         3.  The consent of the inmate or offender supervised by

21  the department in the community to any act of sexual

22  misconduct may shall not be raised as a defense to a

23  prosecution under this paragraph.

24         4.  This paragraph does not apply to any employee of

25  the department who is legally married to an inmate or an

26  offender supervised by the department in the community, nor

27  does it apply to any employee who has no knowledge, and would

28  have no reason to believe, that the person with whom the

29  employee has engaged in sexual misconduct is an inmate or an

30  offender under community supervision of the department.

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    Florida Senate - 2000                                  SB 1432
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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 may, to the

26  extent that funds are available:

27         (a)  Provide an initial orientation program on sexual

28  assault to all inmates within 48 hours after incarceration,

29  which program must provide at a minimum:

30         1.  A realistic presentation on how to avoid sexual

31  violence while incarcerated.

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    Florida Senate - 2000                                  SB 1432
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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.  Instruction on the procedure for requesting sexual

  5  assault counseling.

  6         (b)  Provide sexual assault counseling to any inmate

  7  who has reported being victimized by a sexual assault and

  8  requests such counseling.

  9         1.  Sexual assault counseling may be provided by

10  trained or experienced psychological specialists employed by

11  the Department of Corrections; by a private correctional

12  vendor under contract with the Correctional Privatization

13  Commission; or by trained or experienced representatives of a

14  faith-based organization, community outreach organization, or

15  other appropriate organization that has been approved by the

16  facility administrator to provide such programs.

17         2.  Literature and tapes on rape and rape trauma

18  syndrome developed or sponsored by community rape crisis

19  centers or state or national nonprofit organizations with

20  expertise in sexual assault issues may not be barred from any

21  state correctional institution unless the administrator

22  determines that a particular item is unsuitable.  Such

23  literature provided to a state correctional institution shall

24  be left out in areas where inmates can take it without calling

25  attention to themselves, such as in the library, medical

26  clinic, wellness areas, mental health offices, and educational

27  areas.

28         Section 3.  Section 951.221, Florida Statutes, is

29  created to read:

30         951.221  Sexual activity between detention facility

31  employees and inmates; penalties.--

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    Florida Senate - 2000                                  SB 1432
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  1         (1)  Any employee of a county or municipal detention

  2  facility or of a private detention facility under contract

  3  with a county commission who engages in sexual misconduct, as

  4  defined in s. 944.35(3)(b)1., with an inmate or an offender

  5  supervised by the facility without committing the crime of

  6  sexual battery commits a felony of the third degree,

  7  punishable as provided in s. 775.082, s. 775.083, or s.

  8  775.084. The consent of an inmate to any act of sexual

  9  misconduct may not be raised as a defense to prosecution under

10  this section.

11         (2)  Notwithstanding prosecution, any violation of this

12  section, as determined by the administrator of the facility,

13  constitutes sufficient cause for dismissal of the violator

14  from employment, and such person may not again be employed in

15  any capacity in connection with the correctional system.

16         Section 4.  Present subsection (11) of section 951.23,

17  Florida Statutes, is renumbered as subsection (12), and a new

18  subsection (11) is added to that section, to read:

19         951.23  County and municipal detention facilities;

20  definitions; administration; standards and requirements.--

21         (11)  PROTECTION AGAINST SEXUAL VIOLENCE.--County

22  detention facilities, municipal detention facilities, and

23  private detention facilities under contract with a county

24  commission may, to the extent funds are available:

25         (a)  Provide information on sexual assault to all

26  inmates within 48 hours after detention. The information

27  should address:

28         1.  Realistic methods and suggestions for how to avoid

29  sexual violence while incarcerated.

30         2.  Methods and suggestions for how to prevent and

31  reduce the risk of sexual violence.

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    Florida Senate - 2000                                  SB 1432
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  1         (b)  If the detention facility provides or authorizes

  2  the provision of sexual assault counseling, inform inmates

  3  within 48 hours after detention concerning the availability of

  4  sexual assault counseling and the procedure for requesting

  5  sexual assault counseling provided by facility staff, vendors,

  6  or community-based, not-for-profit organizations.

  7         (c)  Provide to employees while in training information

  8  about methods and suggestions for identifying and preventing

  9  sexual assault.  If a county, municipality, or private vendor

10  that operates a detention facility offers such training, the

11  program should provide at least 2 hours of training for each

12  employee.

13         Section 5.  Section 951.223, Florida Statutes, is

14  created to read:

15         951.223  Acceptance of unauthorized compensation

16  prohibited; barter or dealings with prisoners prohibited;

17  penalties.--

18         (1)  An officer or employee of a county or municipal

19  detention facility may not:

20         (a)  Receive, directly or indirectly, from a prisoner

21  or from anyone on behalf of a prisoner, any gift, reward, or

22  other compensation for his or her services or supplies, other

23  than that prescribed or authorized by law or by the

24  administrator of the detention facility.

25         (b)  Make any gift or present to a prisoner or have any

26  barter or dealings with a prisoner without the permission of

27  the administrator of the facility.

28         (2)  Any person who violates this section commits a

29  misdemeanor of the first degree, punishable as provided in s.

30  775.082 or s. 775.083, and shall be discharged from his or her

31  employment with the county or municipal detention facility.

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    Florida Senate - 2000                                  SB 1432
    30-126A-00




  1         Section 6.  This act shall take effect October 1, 2000.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Creates the "Protection Against Sexual Violence in
      Florida Jails and Prisons Act." Contingent upon the
  6    availability of funds, requires that the Department of
      Corrections, private correctional facilities, and county
  7    and municipal detention facilities provide an orientation
      program concerning sexual assault and provide inmate
  8    counseling. Requires development of a course relating to
      sexual assault identification and prevention as part of
  9    the correctional-officer training program. Prohibits
      sexual misconduct by employees of county or municipal
10    detention facilities or private detention facilities.
      Provides for termination of employment under certain
11    circumstances. Provides that it is a first-degree
      misdemeanor for an employee of a county or municipal
12    detention facility to give to a prisoner, or receive from
      a prisoner, any gift or other compensation without the
13    permission of the administrator of the facility. Provides
      for a person who violates such prohibition to be
14    discharged from employment with the detention facility.

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