CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1657

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

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 9

10                                                                

11  The Committee on Governmental Operations offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 1, line 24,

16  remove from the bill:  everything after the enacting clause

17

18  and insert in lieu thereof:

19         Section 1.  (1)  Notwithstanding any other provision of

20  law, no state agency or private vendor operating a

21  correctional facility located in the state shall enter into a

22  contract with any state, state agency, or private vendor

23  operating a correctional facility outside the state to house

24  inmates of correctional facilities from another state unless:

25         (a)  Specific written preliminary approval to enter

26  into such contract is obtained from the regional planning

27  council established by chapter 186, Florida Statutes, for the

28  real property upon which the facility is located and such

29  other entities enumerated below, and

30         (b)  Such contract is ratified by specific

31  authorization of the Legislature during the Regular Session

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1657

    Amendment No. 01 (for drafter's use only)





 1  immediately following preliminary approval by the regional

 2  planning council.

 3

 4  Prior to legislative ratification of contracts for the housing

 5  of inmates from out-of-state, separate single subject

 6  legislation related to the specific type or types of crimes of

 7  the inmates related to such contracts must be approved by the

 8  Legislature. In making its determination to grant or deny

 9  preliminary approval to house inmates from another state in

10  correctional facilities within the state, the regional

11  planning council shall consider the risks which may be posed

12  to the citizens of Florida as well as the benefits to the

13  local community in which the institution is located.  The

14  Correctional Privatization Commission is directed to develop

15  and distribute a listing of specific factors the regional

16  planning council should consider.  In ratifying the

17  preliminary approval of a regional planning council, the

18  Legislature shall consider the interests of Florida as a whole

19  in addition to the factors considered by the regional planning

20  council.

21         (2)(a)  Each proposed contract to house out-of-state

22  inmates shall be submitted for review and preliminary approval

23  in substantially final form to the Correctional Privatization

24  Commission and the appropriate regional planning council prior

25  to preliminary approval under paragraph (1)(a), and to the

26  Legislature prior to ratification under paragraph (1)(b).

27         (b)  All proposed contracts and contract extensions

28  must state:

29         1.  The maximum number of inmates to be housed within

30  the facility.

31         2.  The per diem or other compensation to be paid.

                                  2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1657

    Amendment No. 01 (for drafter's use only)





 1         3.  The custody level of the inmates to be housed,

 2  expressed in terms substantially similar to the Florida

 3  Department of Corrections standards for custody levels.

 4

 5  Approval for all contracts may be withdrawn by either the

 6  Legislature or the Correctional Privatization Commission upon

 7  a finding that the continued operation of the facility by the

 8  agency or vendor poses a threat to public safety.  Threats to

 9  public safety include, but are not limited to: repeated

10  instances of escape; rioting at the facility which includes

11  occupation and control of a portion of the facility and the

12  endangering of the lives of one or more of the vendor's

13  employees or the general public; rioting which results in the

14  destruction of buildings outside the perimeter of the

15  facility; and destruction of a portion of the facility which

16  results in a perimeter which is not secure and cannot be made

17  secure again within a reasonable period of time.

18         (c)  All contracts between this state, or its agencies

19  or private vendors operating facilities for the state, and

20  other states shall expressly prohibit the release from custody

21  in this state of any inmate convicted of and currently

22  incarcerated as a result of the commission of a crime in a

23  state other than Florida.

24         (3)  Prior to the preliminary approval pursuant to

25  paragraph (1)(a), the vendor or agency must receive written

26  confirmation from the Correctional Privatization Commission

27  that the following conditions have been satisfied:

28         (a)  A written plan approved by the Correctional

29  Privatization Commission has been developed for the

30  coordination of law enforcement activities in response to

31  escapes or other emergency situations. Such plan must require

                                  3

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1657

    Amendment No. 01 (for drafter's use only)





 1  the reimbursement of all reasonable costs associated with the

 2  apprehension of escapees from custody or a response to other

 3  emergencies, as well as the immediate notification of the

 4  Executive Director of the Correctional Privatization

 5  Commission and local law enforcement agencies in the event of

 6  an escape or other emergency.  The plan must include the

 7  written concurrence of the law enforcement agencies designated

 8  to respond to escapes or other emergencies.

 9         (b)  An agreement has been made, in writing, which is

10  acceptable to the Correctional Privatization Commission and

11  the designated law enforcement agencies in form, substance,

12  and amount; which is effective upon the opening of the

13  institution to inmates from another state; and which

14  guarantees payment for all reasonable costs associated with

15  any escape or emergency plan.

16         (4)  Private vendors seeking preliminary approval

17  pursuant to paragraph (1)(a) must enter into a preliminary

18  agreement with the Correctional Privatization Commission.  The

19  preliminary agreement shall only become binding when the

20  authorization pursuant to paragraph (1)(a) is granted.  The

21  agreement must contain provisions which impose the following

22  conditions and requirements:

23         (a)  The design and construction of the facility must

24  be approved in writing by the Correctional Privatization

25  Commission as suitable for the custody classification of the

26  inmates to be housed in the facility. Information necessary

27  for a classification determination to be made by the

28  Department of Corrections shall be provided by the vendor

29  prior to the inmate entering Florida.

30         (b)  The private correctional facility must receive

31  accreditation by the American Correctional Association within

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1657

    Amendment No. 01 (for drafter's use only)





 1  24 months following acceptance of inmates from another state

 2  and must maintain continuous accredited status thereafter.

 3  Failure to obtain or maintain the accreditation required in

 4  this paragraph shall result in termination of the contract.

 5         (c)  Training requirements, including inservice

 6  training requirements, for employees of private vendors shall

 7  meet or exceed the applicable requirements for similar

 8  employees of the Department of Corrections or the requirements

 9  mandated for accreditation by the American Correctional

10  Association, whichever are deemed more stringent in the

11  opinion of the Correctional Privatization Commission.

12         (d)  The private vendor shall reimburse the reasonable

13  costs incurred by the regional planning council in approving

14  and executing the documents required by this section.

15         (e)  Private vendors shall indemnify and hold harmless

16  the state, including its officials and agents, against any and

17  all liability resulting from private vendors' operation of

18  correctional facilities.

19         (f)  Private vendors operating correctional facilities

20  housing inmates from another state shall submit to the

21  Correctional Privatization Commission fingerprint cards for

22  all prospective employees for the purpose of obtaining

23  criminal history background checks by the Department of Law

24  Enforcement.  The Department of Law Enforcement shall provide

25  to the Correctional Privatization Commission complete Florida

26  Criminal Information Center and National Criminal Information

27  Center reports on each employee.  The reasonable direct cost

28  associated with this activity shall be the responsibility of

29  the private vendors.

30         (g)  Employees of private vendors operating

31  correctional facilities housing inmates from another state or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1657

    Amendment No. 01 (for drafter's use only)





 1  Federal Government shall have the same legal authority to rely

 2  on deadly and nondeadly force as do similar employees of the

 3  Department of Corrections.

 4         (h)  Any act or failure to act by an inmate from

 5  another state housed in a correctional facility in this state

 6  pursuant to the provisions of this section that constitutes a

 7  criminal act under the laws of this state shall be chargeable

 8  as if committed by an inmate confined in a correctional

 9  institution of this state.

10         Section 2.  This act shall take effect upon becoming a

11  law.

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 1, lines 2 through 20,

17  remove from the title of the bill:  the entire title

18

19  and insert in lieu thereof:

20         An act relating to correctional facilities; prohibiting

21  specified contracts to house inmates from another state in

22  correctional facilities within the state without preliminary

23  approval of the regional planning council and specific

24  legislative ratification; providing for submission of proposed

25  contracts to the regional planning council and the

26  Correctional Privatization Commission for review and

27  preliminary approval; providing for separate legislation

28  related to specific types of crimes; providing contract

29  restrictions; providing for approval withdraw for contracts;

30  providing contract requirements; providing for written

31  confirmation of specified compliance prior to contract

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1657

    Amendment No. 01 (for drafter's use only)





 1  approval; requiring private vendors to enter into a

 2  preliminary agreement with the Correctional Privatization

 3  Commission; providing conditions and requirements for

 4  preliminary agreements; providing an effective date.

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    File original & 9 copies    04/14/00
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