House Bill 1657

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    Florida House of Representatives - 2000                HB 1657

        By the Committee on Corrections and Representative
    Trovillion





  1                      A bill to be entitled

  2         An act relating to correctional facilities;

  3         prohibiting specified contracts to house

  4         inmates from another state in correctional

  5         facilities within the state without approval of

  6         the regional planning council or specific

  7         legislative authorization; providing for

  8         submission of proposed contracts to the

  9         regional planning council and the Correctional

10         Privatization Commission for review and

11         approval; providing contract restrictions;

12         providing for approval withdrawn for contracts;

13         providing contract requirements; providing for

14         written confirmation of specified compliance

15         prior to contract approval; requiring private

16         vendors to enter into a preliminary agreement

17         with the Correctional Privatization Commission;

18         providing conditions and requirements for

19         preliminary agreements; providing an effective

20         date.

21

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

23

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

25  law, no state agency or private vendor operating a

26  correctional facility located in the state shall enter into a

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

28  operating a correctional facility outside the state to house

29  inmates of correctional facilities from another state unless:

30         (a)  Specific written authorization to enter into such

31  contract is obtained from the regional planning council

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    Florida House of Representatives - 2000                HB 1657

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  1  established by chapter 186, Florida Statutes, for the real

  2  property upon which the facility is located and such other

  3  entities enumerated below, or

  4         (b)  Such contract is established by specific

  5  authorization of the Legislature.

  6

  7  In making its determination to approve or disapprove contracts

  8  to house inmates from another state in correctional facilities

  9  within the state, the regional planning council or the

10  Legislature shall consider the risks which may be posed to the

11  citizens of Florida as well as the benefits to the local

12  community in which the institution is located.  The

13  Correctional Privatization Commission is directed to develop

14  and distribute a listing of specific factors the regional

15  planning council should consider.

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

17  inmates shall be submitted for review and approval in

18  substantially final form to the Correctional Privatization

19  Commission and the appropriate regional planning council if

20  approval is sought under paragraph (1)(a), or the Legislature

21  if approval is sought under paragraph (1)(b).

22         (b)  All contracts and contract extensions must state:

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

24  the facility.

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

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

27  expressed in terms substantially similar to the Florida

28  Department of Corrections standards for custody levels.

29

30  Approval for all contracts may be withdrawn by either the

31  Legislature or the Correctional Privatization Commission upon

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    Florida House of Representatives - 2000                HB 1657

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

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

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

  4  instances of escape; rioting at the facility which includes

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

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

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

  8  destruction of buildings outside the perimeter of the

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

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

11  secure again within a reasonable period of time.

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

13  or private vendors operating facilities for the state, and

14  other states shall expressly prohibit the release from custody

15  in this state of any inmate convicted of and currently

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

17  state other than Florida.

18         (3)  Prior to the approval of any contract pursuant to

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

20  confirmation from the Correctional Privatization Commission

21  that the following conditions have been satisfied:

22         (a)  A written plan approved by the Correctional

23  Privatization Commission has been developed for the

24  coordination of law enforcement activities in response to

25  escapes or other emergency situations. Such plan must require

26  the reimbursement of all reasonable costs associated with the

27  apprehension of escapees from custody or a response to other

28  emergencies, as well as the immediate notification of the

29  Executive Director of the Correctional Privatization

30  Commission and local law enforcement agencies in the event of

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

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    Florida House of Representatives - 2000                HB 1657

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  1  written concurrence of the law enforcement agencies designated

  2  to respond to escapes or other emergencies.

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

  4  acceptable to the Correctional Privatization Commission and

  5  the designated law enforcement agencies in form, substance,

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

  7  institution to inmates from another state; and which

  8  guarantees payment for all reasonable costs associated with

  9  any escape or emergency plan.

10         (4)  Private vendors seeking contract approval pursuant

11  to paragraph (1)(a) must enter into a preliminary agreement

12  with the Correctional Privatization Commission.  The

13  preliminary agreement shall only become binding when the

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

15  agreement must contain provisions which impose the following

16  conditions and requirements:

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

18  be approved in writing by the Correctional Privatization

19  Commission as suitable for the custody classification of the

20  inmates to be housed in the facility. Information necessary

21  for a classification determination to be made by the

22  Department of Corrections shall be provided by the vendor

23  prior to the inmate entering Florida.

24         (b)  The private correctional facility must receive

25  accreditation by the American Correctional Association within

26  24 months following acceptance of inmates from another state

27  and must maintain continuous accredited status thereafter.

28  Failure to obtain or maintain the accreditation required in

29  this paragraph shall result in termination of the contract.

30         (c)  Training requirements, including inservice

31  training requirements, for employees of private vendors shall

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  1  meet or exceed the applicable requirements for similar

  2  employees of the Department of Corrections or the requirements

  3  mandated for accreditation by the American Correctional

  4  Association, whichever are deemed more stringent in the

  5  opinion of the Correctional Privatization Commission.

  6         (d)  The private vendor shall reimburse the reasonable

  7  costs incurred by the regional planning council in approving

  8  and executing the documents required by this section.

  9         (e)  Private vendors shall indemnify and hold harmless

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

11  all liability resulting from private vendors' operation of

12  correctional facilities.

13         (f)  Private vendors operating correctional facilities

14  housing inmates from another state shall submit to the

15  Correctional Privatization Commission fingerprint cards for

16  all prospective employees for the purpose of obtaining

17  criminal history background checks by the Department of Law

18  Enforcement.  The Department of Law Enforcement shall provide

19  to the Correctional Privatization Commission complete Florida

20  Criminal Information Center and National Criminal Information

21  Center reports on each employee.  The reasonable direct cost

22  associated with this activity shall be the responsibility of

23  the private vendors.

24         (g)  Employees of private vendors operating

25  correctional facilities housing inmates from another state

26  shall have the same legal authority to rely on deadly and

27  nondeadly force as do similar employees of the Department of

28  Corrections.

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

30  another state housed in a correctional facility in this state

31  pursuant to the provisions of this section that constitutes a

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    Florida House of Representatives - 2000                HB 1657

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

  2  as if committed by an inmate confined in a correctional

  3  institution of this state.

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

  5  law.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Prohibits any state agency or private vendor operating a
10    correctional facility located in the state from entering
      into a contract with any state, state agency, or private
11    vendor operating a correctional facility outside the
      state to house inmates from another state unless specific
12    written authorization to enter into such a contract is
      obtained from the regional planning council for the real
13    property upon which the facility is located, or the
      contract is established by specific authorization of the
14    Legislature. See bill for details.

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