Senate Bill 1670

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



    Florida Senate - 2000                                  SB 1670

    By Senator Brown-Waite





    10-944-00

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Corrections; amending ss. 944.012, 944.02,

  4         944.023, 944.026, 944.033, 944.09, 944.095,

  5         944.10, 944.11, 944.115, 944.14, 944.151,

  6         944.23, 944.24, 944.31, 944.32, 944.35, 944.39,

  7         944.402, 944.44, 944.45, 944.46, 944.47,

  8         944.611, 944.613, 944.801, 944.803, 944.8031,

  9         F.S., relating to the state correctional

10         system; amending ss. 945.025, 945.0311,

11         945.091, 945.215, 945.21501, 945.21502, 945.27,

12         945.35, 945.6031, 945.6037, 945.72, 945.75,

13         F.S., relating to the Department of

14         Corrections; amending ss. 946.002, 946.205,

15         946.25, 946.40, 946.504, 946.513, F.S.,

16         relating to inmate labor and correctional work

17         programs; redesignating correctional

18         institutions as "prisons" and community

19         correctional centers as "work-release centers";

20         amending ss. 413.051, 414.40, 948.03, 951.23,

21         958.04, F.S., relating to vending operations,

22         the Stop Inmate Fraud Program, probation and

23         community control, county and municipal

24         detention facilities, and youthful offenders;

25         conforming cross-references to changes made by

26         the act; providing an effective date.

27

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

29

30         Section 1.  Subsections (1) and (2) of section 944.012,

31  Florida Statutes, are amended to read:

                                  1

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         944.012  Legislative intent.--The Legislature hereby

  2  finds and declares that:

  3         (1)  Florida spends each year in excess of $60 million

  4  for its state correctional system, but Florida citizens have

  5  not received a fair return on that investment.  Florida

  6  prisons correctional institutions have contributed little to

  7  the reduction of crime.  To the contrary, crime rates continue

  8  to rise; recidivism rates are notoriously high; and large

  9  prisons have for the most part become schools for crime,

10  making successful reintegration into the community unlikely.

11         (2)  It is clear that major changes in correctional

12  methods are required.  It is essential to abate the use of

13  large institutions and continue the development of

14  community-based corrections; to equip judges with more

15  effective evaluative tools to deal with the criminal offender;

16  and to provide alternatives to institutionalization, including

17  the availability of probationers' residences and work-release

18  community correctional centers.

19         Section 2.  Subsections (1) and (6) of section 944.02,

20  Florida Statutes, are amended to read:

21         944.02  Definitions.--The following words and phrases

22  used in this chapter shall, unless the context clearly

23  indicates otherwise, have the following meanings:

24         (1)  "Correctional system" means all prisons and other

25  state prisons correctional institutions now existing or

26  hereafter created under the jurisdiction of the Department of

27  Corrections.

28         (6)  "State prison correctional institution" means any

29  prison, road camp, prison industry, prison forestry camp, or

30  any prison camp or prison farm or other correctional facility,

31  temporary or permanent, in which prisoners are housed, worked,

                                  2

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  or maintained, under the custody and jurisdiction of the

  2  department.

  3         Section 3.  Paragraph (b) of subsection (1) of section

  4  944.023, Florida Statutes, is amended to read:

  5         944.023  Comprehensive correctional master plan.--

  6         (1)  As used in this section, the term:

  7         (b)  "Total capacity" of the state correctional system

  8  means the total design capacity of all institutions and

  9  facilities in the state correctional system, which may include

10  those facilities authorized and funded under chapter 957,

11  increased by one-half, with the following exceptions:

12         1.  Medical and mental health beds must remain at

13  design capacity.

14         2.  Community-based contracted beds must remain at

15  design capacity.

16         3.  The one-inmate-per-cell requirement at Florida

17  State Prison and other maximum security facilities must be

18  maintained pursuant to paragraph (7)(a).

19         4.  Work-release Community correctional centers and

20  drug treatment centers must be increased by one-third.

21         5.  A housing unit may not exceed its maximum capacity

22  pursuant to paragraphs (7)(a) and (b).

23         6.  A number of beds equal to 5 percent of total

24  capacity shall be deducted for management beds at

25  institutions.

26         Section 4.  Paragraphs (a) and (c) of subsection (1) of

27  section 944.026, Florida Statutes, are amended to read:

28         944.026  Community-based facilities and programs.--

29         (1)  In addition to those facilities and services

30  described elsewhere in this chapter, the department shall

31  develop, provide, or contract for a statewide system of

                                  3

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  community-based facilities, services, and programs dealing

  2  with the rehabilitation of offenders, which shall include, but

  3  not be limited to:

  4         (a)  A system of work-release community correctional

  5  centers to be used for reintegration of the offender back into

  6  the community, located at various places throughout the state

  7  as provided in s. 944.033.

  8         (c)  A system of probation and restitution centers

  9  throughout the state whereby probationers, drug offender

10  probationers, and community controllees who have violated

11  their terms or conditions, and whose presumptive sentence

12  exceeds 22 months, may be required to reside while working,

13  receiving treatment, or attending school, or for persons on

14  probation, drug offender probation, or community control who

15  may be required to attend outpatient substance abuse

16  counseling.  The purpose of these facilities and services is

17  to provide the court with an alternative to committing

18  offenders to more secure state prisons correctional

19  institutions and to assist in the supervision of probationers,

20  drug offender probationers, and community controllees.

21         Section 5.  Section 944.033, Florida Statutes, is

22  amended to read:

23         944.033  Work-release Community correctional centers;

24  existence; location; purpose; restriction.--

25         (1)  A statewide system of correctional facilities is

26  established to be known as "work-release community

27  correctional centers."

28         (2)  The purpose of these centers is to facilitate the

29  reintegration of state inmates back into the community by

30  means of participation in various work-release, study-release,

31

                                  4

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  community service, substance abuse treatment, and other

  2  rehabilitative programs.

  3         (3)  No person convicted of sexual battery pursuant to

  4  s. 794.011 is eligible for placement in any work-release

  5  community correctional center.

  6         (4)  No facility shall be constructed, leased, or

  7  purchased in any county until public hearings have been held

  8  in that county.  Such public hearings shall be held pursuant

  9  to uniform rules adopted by the department.

10         Section 6.  Paragraph (e) of subsection (1) and

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

12  amended to read:

13         944.09  Rules of the department; offenders,

14  probationers, and parolees.--

15         (1)  The department has authority to adopt rules

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

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

18         (e)  The operation and management of the prison

19  correctional institution or facility and its personnel and

20  functions.

21         (2)  It is the duty of the superintendents to supervise

22  the governance, discipline, and policy of the state prisons

23  correctional institutions and to enforce all orders and rules.

24         Section 7.  Section 944.095, Florida Statutes, is

25  amended to read:

26         944.095  Siting of additional prisons correctional

27  facilities; procedure.--

28         (1)  It is the intent of the Legislature that the

29  siting of additional prisons correctional facilities shall be

30  achieved in the most cost-efficient manner possible.

31

                                  5

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         (2)  When the department proposes a site for a state

  2  prison correctional facility, it shall request that the local

  3  government having jurisdiction over such proposed site

  4  determine whether or not the proposed site is in compliance

  5  with local government comprehensive plans, local land use

  6  ordinances, local zoning ordinances or regulations, and other

  7  local ordinances in effect at the time of such request.  If no

  8  such determination is made within 90 days after of the

  9  request, it shall be presumed that the proposed site is in

10  compliance with such plans, ordinances, or regulations.

11         (3)  If the local government determines within 90 days

12  after of the request that construction of a prison

13  correctional facility on the proposed site does not comply

14  with any such plan, ordinance, or regulation, the department

15  may request a modification of such plan, ordinance, or

16  regulation without having an ownership interest in such

17  property.  For the purposes of this section, modification

18  includes, but is not limited to, a variance, rezoning, special

19  exception, or any other action of the local government having

20  jurisdiction over the proposed site which would authorize

21  siting of a prison correctional facility.

22         (4)  Upon receipt of a request for modification from

23  the department, the local government may recommend alternative

24  sites to the department and shall give notice and hold a

25  public hearing on the request for modification in the same

26  manner as for a rezoning as provided under the appropriate

27  special or local law or ordinance, except that such proceeding

28  shall be recorded by tape or by a certified court reporter and

29  made available for transcription at the expense of any

30  interested party.

31

                                  6

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         (5)  When the department requests such a modification

  2  and it is denied by the local government or there is no action

  3  on such request within 90 days after of the request, the

  4  department may appeal the decision of the local government on

  5  the requested modification of local plans, ordinances, or

  6  regulations to the Governor and Cabinet.

  7         (6)  The Governor and Cabinet shall consider the

  8  following when determining whether to grant the appeal from

  9  the decision of the local government on the requested

10  modification:

11         (a)  The record of the proceedings before the local

12  government.

13         (b)  Reports and studies by any other agency relating

14  to matters within the jurisdiction of such agency which

15  matters may be potentially affected by the proposed site.

16         (c)  Existing studies and reports and information

17  maintained by the department as the Governor and Cabinet may

18  request addressing the feasibility and availability of

19  alternative sites in the general area.

20         (7)  The Governor and Cabinet, upon determining that

21  the local government has recommended no feasible alternative

22  site and that the interests of the state in providing prisons

23  correctional facilities outweigh the concerns of the local

24  government, shall authorize construction and operation of a

25  prison correctional facility on the proposed site

26  notwithstanding any local plan, ordinance, or regulation.

27         (8)  The Governor and Cabinet may adopt rules of

28  procedure to govern these proceedings in accordance with the

29  provisions of s. 120.54.

30         (9)  Actions taken by the department or the Governor

31  and Cabinet pursuant to this section shall not be subject to

                                  7

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  the provisions of ss. 120.56, 120.569, and 120.57. The

  2  decision by the Governor and Cabinet shall be subject to

  3  judicial review pursuant to s. 120.68 in the District Court of

  4  Appeal, First District.

  5         (10)  Insofar as the provisions of this section are

  6  inconsistent with the provisions of any other law, general,

  7  special, or local, the provisions of this section are

  8  controlling. Additionally, the criteria and procedures set

  9  forth in this section supersede and are in lieu of any review

10  and approval required by s. 380.06.

11         Section 8.  Section 944.10, Florida Statutes, is

12  amended to read:

13         944.10  Department of Corrections to provide buildings;

14  sale and purchase of land; contracts to provide services and

15  inmate labor.--

16         (1)  It is the intent of the Legislature to expedite

17  the siting of, acquisition of land for, and construction by

18  the Department of Corrections of state prisons correctional

19  facilities operated by the department or a private vendor

20  under contract with the department. Other agencies shall

21  cooperate with the department and expeditiously fulfill their

22  responsibilities to avoid unnecessary delay in the siting of,

23  acquisition of land for, and construction of state prisons

24  correctional facilities. This section and all other laws of

25  the state shall be construed to accomplish this intent. This

26  section shall take precedence over any other law to the

27  contrary.

28         (2)  The department shall cause all necessary

29  buildings, facilities, and physical plants to be erected to

30  accommodate all prisoners and from time to time shall make

31  such additional alterations as may be necessary to provide for

                                  8

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  any increase in the number of prisoners; it shall cause to be

  2  established proper accommodations for such officers of the

  3  department who are required to reside constantly within the

  4  precincts of the institutions.

  5         (3)(a)  The department may enter into lease-purchase

  6  agreements to provide prisons to house correctional facilities

  7  for the housing of state inmates. However, no such

  8  lease-purchase agreement shall be entered into without

  9  specific legislative authorization of that agreement, and

10  funds must be specifically appropriated for each

11  lease-purchase agreement. The facilities provided through such

12  agreements shall meet the program plans and specifications of

13  the department. The department may enter into such lease

14  agreements with private corporations and other governmental

15  entities. However, notwithstanding the provisions of s.

16  255.25(3)(a), no such lease agreement may be entered into

17  except upon advertisement for and receipt of competitive bids

18  and award to the lowest and best bidder.

19         (b)  Such a lease-purchase agreement which is for a

20  term extending beyond the end of a fiscal year shall be

21  subject to the provisions of s. 216.311.

22         (4)(a)  Notwithstanding s. 253.025 or s. 287.057,

23  whenever the department finds it to be necessary for timely

24  site acquisition, it may contract without the need for

25  competitive selection with one or more appraisers whose names

26  are contained on the list of approved appraisers maintained by

27  the Division of State Lands of the Department of Environmental

28  Protection in accordance with s. 253.025(6)(b). In those

29  instances in which the department directly contracts for

30  appraisal services, it must also contract with an approved

31

                                  9

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  appraiser who is not employed by the same appraisal firm for

  2  review services.

  3         (b)  Notwithstanding s. 253.025(6), the department may

  4  negotiate and enter into an option contract before an

  5  appraisal is obtained. The option contract must state that the

  6  final purchase price cannot exceed the maximum value allowed

  7  by law. The consideration for such an option contract may not

  8  exceed 10 percent of the estimate obtained by the department

  9  or 10 percent of the value of the parcel, whichever amount is

10  greater.

11         (c)  This subsection does not apply to any purchase or

12  acquisition of state land except for a purchase or acquisition

13  made specifically for a prison correctional facilities. This

14  subsection does not mitigate in any manner the authority of

15  the Board of Trustees of the Internal Improvement Trust Fund

16  or the Division of State Lands to approve any contract for

17  purchase for state lands as provided by law or to require

18  policies and procedures to obtain clear legal title to parcels

19  purchased for state purposes.

20         (5)  The department may sell, to the best possible

21  advantage, any or all detached parcels of land belonging to

22  the bodies of land purchased for the state prisons

23  correctional institutions. The department is authorized to

24  purchase any contiguous parcels of land within the boundary

25  lines of the lands purchased for state prisons correctional

26  institutions.

27         (6)  The department is authorized to begin preliminary

28  site preparation and obtain the appropriate permits with

29  regard to the construction of state prisons correctional

30  institutions after approval by the Board of Trustees of the

31  Internal Improvement Trust Fund of the purchase agreement or

                                  10

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  option agreement if, in the department's discretion,

  2  commencing construction is in the best interests of the state.

  3         (7)  The department may enter into contracts with

  4  federal, state, or local governmental entities or subdivisions

  5  to provide services and inmate labor for the construction of

  6  buildings, parks, roads, any prisons detention or commitment

  7  facilities, or any other project deemed to be appropriate by

  8  the Department of Corrections, which includes site acquisition

  9  or preparation, management, or construction of such projects.

10  The department may charge fees for providing such services.

11  All fees collected must be placed in the Correctional Work

12  Program Trust Fund.

13         Section 9.  Section 944.11, Florida Statutes, is

14  amended to read:

15         944.11  Department to regulate admission of books.--

16         (1)  The department shall regulate the admission of

17  educational and other reading matter within the state prisons

18  institutions for the use of the prisoners, and for the proper

19  observance of days of religious significance within the

20  prisons institutions and for the proper instruction of the

21  prisoners in their basic moral and religious duties.

22         (2)  The department may shall have the authority to

23  prohibit admission of reading materials or publications with

24  content that which depicts sexual conduct as defined by s.

25  847.001 or presents nudity in such a way as to create the

26  appearance that sexual conduct is imminent.  The department

27  may shall have the authority to prohibit admission of such

28  materials at a particular state prison correctional facility

29  upon a determination by the department that such material or

30  publications would be detrimental to the safety, security,

31  order, or rehabilitative interests of a particular state

                                  11

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  prison correctional facility or would create a risk of

  2  disorder at a particular state prison correctional facility.

  3         Section 10.  Section 944.115, Florida Statutes, is

  4  amended to read:

  5         944.115  Smoking prohibited inside state prisons

  6  correctional facilities.--

  7         (1)  The purpose of this section is to protect the

  8  health, comfort, and environment of employees of the

  9  Department of Corrections, employees of privately operated

10  prisons correctional facilities, employees of the Correctional

11  Privatization Commission, and inmates by prohibiting inmates

12  from using tobacco products inside any office or building

13  within state prisons correctional facilities, and by ensuring

14  that employees and visitors do not use tobacco products inside

15  any office or building within state prisons correctional

16  facilities. Scientific evidence links the use of tobacco

17  products with numerous significant health risks. The use of

18  tobacco products by inmates, employees, or visitors is

19  contrary to efforts by the Department of Corrections to reduce

20  the cost of inmate health care and to limit unnecessary

21  litigation. The Department of Corrections and the private

22  vendors operating prisons correctional facilities shall make

23  smoking-cessation assistance available to inmates in order to

24  implement this section. The Department of Corrections and the

25  private vendors operating prisons correctional facilities

26  shall implement this section as soon as possible, and all

27  provisions of this section must be fully implemented by

28  January 1, 2000.

29         (2)  As used in this section, the term:

30         (a)  "Department" means the Department of Corrections.

31

                                  12

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         (b)  "Employee" means an employee of the department or

  2  a private vendor in a contractual relationship with either the

  3  Department of Corrections or the Correctional Privatization

  4  Commission, and includes persons such as contractors,

  5  volunteers, or law enforcement officers who are within a state

  6  prison correctional facility to perform a professional

  7  service.

  8         (c)  "State prison correctional facility" means a state

  9  or privately operated prison correctional institution as

10  defined in s. 944.02, or a prison correctional institution or

11  facility operated under s. 944.105 or chapter 957.

12         (d)  "Tobacco products" means items such as cigars,

13  cigarettes, snuff, loose tobacco, or similar goods made with

14  any part of the tobacco plant, which are prepared or used for

15  smoking, chewing, dipping, sniffing, or other personal use.

16         (e)  "Visitor" means any person other than an inmate or

17  employee who is within a state prison correctional facility

18  for a lawful purpose and includes, but is not limited to,

19  persons who are authorized to visit state prisons correctional

20  institutions pursuant to s. 944.23 and persons authorized to

21  visit as prescribed by departmental rule or vendor policy.

22         (f)  "Prohibited areas" means any indoor areas of any

23  building, portable, or other enclosed structure within a state

24  prison correctional facility. The secretary of the department

25  may, by rule, designate other areas, including vehicles, as

26  "prohibited areas" to be regulated under this section. Neither

27  employee housing on the grounds of a state prison correctional

28  facility nor maximum security inmate housing areas may be

29  designated as prohibited areas under this section.

30         (3)(a)  An inmate within a state prison correctional

31  facility may not use tobacco products in prohibited areas at

                                  13

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  any time while in the custody of the department or under the

  2  supervision of a private vendor operating a prison

  3  correctional facility.

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

  5  products in prohibited areas.

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

  7  state prison correctional facility shall take reasonable steps

  8  to ensure that the tobacco prohibition for employees and

  9  visitors is strictly enforced.

10         (4)  An inmate who violates this section commits a

11  disciplinary infraction and is subject to punishment

12  determined to be appropriate by the disciplinary authority in

13  the state prison correctional facility, including, but not

14  limited to, forfeiture of gain-time or the right to earn

15  gain-time in the future under s. 944.28.

16         (5)  The department may adopt rules and the private

17  vendors operating prison correctional facilities may adopt

18  policies and procedures for the implementation of this

19  section, the designation of prohibited areas and smoking

20  areas, and for the imposition of the following penalties:

21         (a)  Inmates who violate this section will be subject

22  to disciplinary action as provided by rule and in accordance

23  with this section.

24         (b)  Employees who violate this section will be subject

25  to disciplinary action as provided by rule.

26         (c)  Visitors who violate this section will be subject

27  to removal of authorization to enter a prison correctional

28  facility as provided by rule.

29         Section 11.  Section 944.14, Florida Statutes, is

30  amended to read:

31

                                  14

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         944.14  Supervision of prisons correctional

  2  institutions; enforcement of orders and regulations.--Subject

  3  to the orders, policies, and regulations established by the

  4  department, it shall be the duty of the wardens or

  5  superintendents to supervise the government, discipline, and

  6  policy of the state prisons correctional institutions, and to

  7  enforce all orders, rules and regulations.

  8         Section 12.  Section 944.151, Florida Statutes, is

  9  amended to read:

10         944.151  Security of prisons correctional institutions;

11  legislative intent; periodic physical inspection of

12  facilities; security audits; reports of security audits;

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

14  is the intent of the Legislature that the Department of

15  Corrections shall be responsible for the security of the

16  prisons correctional institutions and facilities. The security

17  of the state's prisons correctional institutions and

18  facilities is critical to ensure public safety and to contain

19  violent and chronic offenders until offenders are otherwise

20  released from the department's custody pursuant to law.  The

21  Secretary of Corrections shall, at a minimum:

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

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

24  statewide security coordinator, the regional security

25  coordinators, and three superintendents and one correctional

26  officer.  The security review committee shall:

27         (a)  Establish a periodic schedule for the physical

28  inspection of buildings and structures of each state and

29  private prison correctional institution to determine security

30  deficiencies.  In scheduling the inspections, priority shall

31  be given to older institutions, institutions that house a

                                  15

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  large proportion of violent offenders, and institutions that

  2  have experienced a significant number of escapes or escape

  3  attempts in the past.

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

  5  unannounced comprehensive security audits of all state and

  6  private prisons correctional institutions.  In conducting the

  7  security audits, priority shall be given to older

  8  institutions, institutions that house a large proportion of

  9  violent offenders, and institutions that have experienced a

10  history of escapes or escape attempts.  At a minimum, the

11  audit shall include an evaluation of the physical plant,

12  landscaping, fencing, security alarms and perimeter lighting,

13  and inmate classification and staffing policies.  Each prison

14  correctional institution shall be audited at least annually.

15  The secretary shall report the general survey findings

16  annually to the Governor and the Legislature.

17         (c)  Adopt and enforce minimum security standards and

18  policies that include, but are not limited to:

19         1.  Random monitoring of outgoing telephone calls by

20  inmates.

21         2.  Maintenance of current photographs of all inmates.

22         3.  Daily inmate counts at varied intervals.

23         4.  Use of canine units, where appropriate.

24         5.  Use of escape alarms and perimeter lighting.

25         6.  Florida Crime Information Center/National Crime

26  Information Center capabilities.

27         7.  Employment background investigations.

28         (d)  Annually make written prioritized budget

29  recommendations to the secretary that identify critical

30  security deficiencies at major prisons correctional

31  institutions.

                                  16

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         (e)  Investigate and evaluate the usefulness and

  2  dependability of existing security technology at the prisons

  3  institutions and new technology available and make periodic

  4  written recommendations to the secretary on the

  5  discontinuation or purchase of various security devices.

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

  7  personnel, consulting engineers, architects, or other security

  8  experts the committee deems necessary for security audits and

  9  security consultant services.

10         (g)  Establish a periodic schedule for conducting

11  announced and unannounced escape simulation drills.

12         (2)  Maintain and produce quarterly reports with

13  accurate escape statistics.  For the purposes of these

14  reports, "escape" includes all possible types of escape,

15  regardless of prosecution by the state attorney, and including

16  offenders who walk away from nonsecure community facilities.

17         (3)  Adopt, enforce, and annually evaluate the

18  emergency escape response procedures, which shall at a minimum

19  include the immediate notification and inclusion of local and

20  state law enforcement through a mutual aid agreement.

21         (4)  Submit in the annual legislative budget request a

22  prioritized summary of critical repair and renovation security

23  needs.

24         Section 13.  Section 944.23, Florida Statutes, is

25  amended to read:

26         944.23  Persons authorized to visit state prisons.--The

27  following persons shall be authorized to visit at their

28  pleasure all state prisons correctional institutions:  The

29  Governor, all Cabinet members, members of the Legislature,

30  judges of state courts, state attorneys, public defenders, and

31  authorized representatives of the commission.  No other person

                                  17

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  not otherwise authorized by law shall be permitted to enter a

  2  state prison correctional institution except under such

  3  regulations as the department may prescribe.  Permission shall

  4  not be unreasonably withheld from those who give sufficient

  5  evidence to the department that they are bona fide reporters

  6  or writers.

  7         Section 14.  Section 944.24, Florida Statutes, is

  8  amended to read:

  9         944.24  Administration of prisons correctional

10  institutions for women.--

11         (1)  This section may be cited as the "Corrections

12  Equality Act."

13         (2)  All regularly employed assistants, officers, and

14  employees whose duties bring them into contact with the

15  inmates of the prison institution shall be women as far as

16  practicable.

17         (3)  Women inmates shall have access to programs of

18  education, vocational training, rehabilitation, and substance

19  abuse treatment that are equivalent to those programs which

20  are provided for male inmates.  The department shall ensure

21  that women inmates are given opportunities for exercise,

22  recreation, and visitation privileges according to the same

23  standards as those privileges are provided for men. Women

24  inmates shall be given opportunities to participate in

25  work-release programs which are comparable to the

26  opportunities provided for male inmates and shall be eligible

27  for early release according to the same standards and

28  procedures under which male inmates are eligible for early

29  release.

30

31

                                  18

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         (4)  The department shall continue to provide prenatal

  2  care and such medical treatment as determined by the Assistant

  3  Secretary for Health Services for an inmate who is pregnant.

  4         (5)  An inmate who is pregnant shall be provided with

  5  prenatal care and medical treatment for the duration of her

  6  pregnancy.  The department shall ensure that a pregnant inmate

  7  receives supplemental food and clothing and is excused from

  8  inappropriate work assignments.  An inmate shall be

  9  transferred to a hospital outside the prison grounds if a

10  condition develops which is beyond the scope and capabilities

11  of the prison's medical facilities.

12         (6)  Any woman inmate who gives birth to a child during

13  her term of imprisonment may be temporarily taken to a

14  hospital outside the prison for the purpose of childbirth, and

15  the charge for hospital and medical care shall be charged

16  against the funds allocated to the prison institution.  The

17  department shall provide for the care of any child so born and

18  shall pay for the child's care until the child is suitably

19  placed outside the prison system.

20         Section 15.  Section 944.31, Florida Statutes, is

21  amended to read:

22         944.31  Inspector general; inspectors; power and

23  duties.--The inspector general shall be responsible for prison

24  inspection and investigation, internal affairs investigations,

25  and management reviews. The office of the inspector general

26  shall be charged with the duty of inspecting the penal and

27  correctional systems of the state. The office of the inspector

28  general shall inspect each prison correctional institution or

29  any place in which state prisoners are housed, worked, or kept

30  within the state, with reference to its physical conditions,

31  cleanliness, sanitation, safety, and comfort; the quality and

                                  19

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  supply of all bedding; the quality, quantity, and diversity of

  2  food served and the manner in which it is served; the number

  3  and condition of the prisoners confined therein; and the

  4  general conditions of each institution. The office of

  5  inspector general shall see that all the rules and regulations

  6  issued by the department are strictly observed and followed by

  7  all persons connected with the correctional systems of the

  8  state.  The office of the inspector general shall coordinate

  9  and supervise the work of inspectors throughout the state. The

10  inspector general and inspectors may enter any place where

11  prisoners in this state are kept and shall be immediately

12  admitted to such place as they desire and may consult and

13  confer with any prisoner privately and without molestation.

14  The inspector general and inspectors shall be responsible for

15  criminal and administrative investigation of matters relating

16  to the Department of Corrections. In such investigations, the

17  inspector general and inspectors may consult and confer with

18  any prisoner or staff member privately and without molestation

19  and shall have the authority to detain any person for

20  violations of the criminal laws of the state. Such detention

21  shall be made only on properties owned or leased by the

22  department, and the detained person shall be surrendered

23  without delay to the sheriff of the county in which the

24  detention is made, with a formal complaint subsequently made

25  against her or him in accordance with law.

26         Section 16.  Section 944.32, Florida Statutes, is

27  amended to read:

28         944.32  Reports of prison inspectors; recordation;

29  inspection.--Upon completing an inspection of a prison,

30  correctional institution the inspector shall make a full and

31  complete report on such forms as shall be provided by the

                                  20

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  department.  One copy of each report must shall be filed with

  2  the department, one copy must shall be sent to the officer in

  3  charge of the prison correctional institution, and as many

  4  other copies must be provided as the department requires.

  5  shall require; These reports shall be matters of public record

  6  and subject to inspection by the public at any time.

  7         Section 17.  Paragraph (a) of subsection (1) of section

  8  944.35, Florida Statutes, is amended to read:

  9         944.35  Authorized use of force; malicious battery and

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

11         (1)(a)  An employee of the department is authorized to

12  apply physical force upon an inmate only when and to the

13  extent that it reasonably appears necessary:

14         1.  To defend himself or herself or another against

15  such other imminent use of unlawful force;

16         2.  To prevent a person from escaping from a state

17  prison correctional institution when the officer reasonably

18  believes that person is lawfully detained in such prison

19  institution;

20         3.  To prevent damage to property;

21         4.  To quell a disturbance;

22         5.  To overcome physical resistance to a lawful

23  command; or

24         6.  To administer medical treatment only by or under

25  the supervision of a physician or his or her designee and

26  only:

27         a.  When treatment is necessary to protect the health

28  of other persons, as in the case of contagious or venereal

29  diseases; or

30         b.  When treatment is offered in satisfaction of a duty

31  to protect the inmate against self-inflicted injury or death.

                                  21

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1

  2  As part of the correctional officer training program, the

  3  Criminal Justice Standards and Training Commission shall

  4  develop a course specifically designed to explain the

  5  parameters of this subsection and to teach the proper methods

  6  and techniques in applying authorized physical force upon an

  7  inmate.

  8         Section 18.  Section 944.39, Florida Statutes, is

  9  amended to read:

10         944.39  Interference with prisoners; penalty.--Any

11  person who, without authority, interferes with or in any way

12  interrupts the work of any prisoner under the custody of the

13  department or who in any way interferes with the discipline or

14  good conduct of any prisoner shall be guilty of a misdemeanor

15  of the second degree, punishable as provided in s. 775.082 or

16  s. 775.083.  No person shall, by disguise, misrepresentation

17  of identity or other illicit means, attempt to gain admission

18  to or enter upon the grounds of any state prison correctional

19  institution for the purpose of visiting any prisoner in

20  violation of the general visiting policy adopted by the

21  department. A person, upon conviction of an offense as

22  outlined in this section, shall be guilty of a misdemeanor of

23  the second degree, punishable as provided in s. 775.082 or s.

24  775.083.  Any peace officer or any correctional officer of the

25  department or any prison inspector or any employee of the

26  department may arrest without warrant any person violating the

27  provisions of this section.

28         Section 19.  Section 944.402, Florida Statutes, is

29  amended to read:

30         944.402  Reward for capture of escapee from prison

31  correctional institution.--The superintendent of a state

                                  22

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  prison correctional institution may pay a reward in an amount

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

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

  4  has escaped from the institution.  The superintendent of the

  5  institution from which the inmate escaped shall determine the

  6  amount of the reward. Employees of state, county, and

  7  municipal law enforcement or correctional agencies who are

  8  engaged in the apprehension, detection, or detention of

  9  prisoners are not eligible to receive such rewards.

10         Section 20.  Section 944.44, Florida Statutes, is

11  amended to read:

12         944.44  Holding persons as hostages; penalty.--Any

13  prisoner who holds as hostage any person within any prison

14  correctional institution or anywhere while under the

15  jurisdiction of the department, or who by force, or threat of

16  force holds any person or persons against their will in

17  defiance of official orders, commits shall be guilty of a

18  felony of the second degree, punishable as provided in s.

19  775.082, s.  775.083, or s. 775.084.

20         Section 21.  Section 944.45, Florida Statutes, is

21  amended to read:

22         944.45  Mutiny, riot, strike; penalty.--Whoever

23  instigates, contrives, willfully attempts to cause, assists,

24  or conspires to cause any mutiny, riot, or strike in defiance

25  of official orders, in any state prison, commits correctional

26  institution, shall be guilty of a felony of the second degree,

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

28  775.084.

29         Section 22.  Section 944.46, Florida Statutes, is

30  amended to read:

31

                                  23

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         944.46  Harboring, concealing, aiding escaped

  2  prisoners; penalty.--Whoever harbors, conceals, maintains, or

  3  assists, or gives any other aid to any prisoner after his or

  4  her escape from any state prison correctional institution,

  5  knowing that he or she is an escaped prisoner, commits shall

  6  be guilty of a felony of the third degree, punishable as

  7  provided in s.  775.082, s. 775.083, or s. 775.084.

  8         Section 23.  Section 944.47, Florida Statutes, is

  9  amended to read:

10         944.47  Introduction, removal, or possession of certain

11  articles unlawful; penalty.--

12         (1)(a)  Except through regular channels as authorized

13  by the officer in charge of the prison correctional

14  institution, it is unlawful to introduce into or upon the

15  grounds of any state prison correctional institution, or to

16  take or attempt to take or send or attempt to send therefrom,

17  any of the following articles, which are hereby declared to be

18  contraband for the purposes of this section, to wit:

19         1.  Any written or recorded communication or any

20  currency or coin given or transmitted, or intended to be given

21  or transmitted, to any inmate of any state prison correctional

22  institution.

23         2.  Any article of food or clothing given or

24  transmitted, or intended to be given or transmitted, to any

25  inmate of any state prison correctional institution.

26         3.  Any intoxicating beverage or beverage that which

27  causes or may cause an intoxicating effect.

28         4.  Any controlled substance as defined in s. 893.02(4)

29  or any prescription or nonprescription drug having a hypnotic,

30  stimulating, or depressing effect.

31

                                  24

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         5.  Any firearm or weapon of any kind or any explosive

  2  substance.

  3         (b)  It is unlawful to transmit or attempt to transmit

  4  to, or cause or attempt to cause to be transmitted to or

  5  received by, any inmate of any state prison correctional

  6  institution any article or thing declared by this subsection

  7  to be contraband, at any place that which is outside the

  8  grounds of the prison such institution, except through regular

  9  channels as authorized by the officer in charge of the prison

10  such correctional institution.

11         (c)  It is unlawful for any inmate of any state prison

12  correctional institution or any person while upon the grounds

13  of any state prison correctional institution to be in actual

14  or constructive possession of any article or thing declared by

15  this section to be contraband, except as authorized by the

16  officer in charge of the prison such correctional institution.

17         (2)  A person who violates any provision of this

18  section as it pertains to an article of contraband described

19  in subparagraph (1)(a)1. or subparagraph (1)(a)2., commits is

20  guilty of a felony of the third degree, punishable as provided

21  in s. 775.082, s. 775.083, or s. 775.084.  In all other cases,

22  a violation of a provision of this section constitutes a

23  felony of the second degree, punishable as provided in s.

24  775.082, s. 775.083, or s. 775.084.

25         Section 24.  Section 944.611, Florida Statutes, is

26  amended to read:

27         944.611  Legislative intent.--The Legislature finds and

28  declares that:

29         (1)  It is desirable that each inmate be confined in

30  and released from a prison an institution or facility as close

31  to the inmate's permanent residence or county of commitment as

                                  25

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  possible, in order to lessen the transportation expense to the

  2  public.

  3         (2)  It is the intent of the Legislature that:

  4         (a)  To the extent possible, an inmate be returned,

  5  upon release, to the same area from which the inmate was

  6  committed.

  7         (b)  An inmate being released from a community

  8  work-release center program is not eligible for the provision

  9  of transportation.

10         (c)  Transportation provided for an eligible inmate

11  upon release shall be to one of the following points:

12         1.  The county where parole placement has been approved

13  and supervision is to commence.

14         2.  Another state.

15         3.  The county of employment within the state.

16         4.  The county of legal residence within the state.

17         5.  The county of original commitment within the state.

18         (d)  Each releasee who is eligible for the provision of

19  transportation shall be escorted to the site of embarkation by

20  an officer of the prison correctional facility, who shall

21  remain until the releasee has departed.

22         Section 25.  Subsection (2) of section 944.613, Florida

23  Statutes, is amended to read:

24         944.613  Methods of transportation.--

25         (2)  FLORIDA RELEASEE.--In instances when a releasee

26  remains in this state but leaves the county where the prison

27  correctional institution or facility of her or his confinement

28  is located, transportation shall be provided by common carrier

29  using the most economical means. Transportation as authorized

30  herein shall be furnished by nonnegotiable travel voucher

31  payable to the common carrier being utilized, and in no event

                                  26

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  shall there be any cash disbursement to the releasee or any

  2  person, firm, or corporation. Such travel voucher is to be

  3  utilized immediately by the releasee. The source of any

  4  private transportation must be a family member or friend whose

  5  purpose is to immediately transport the releasee to the

  6  approved location pursuant to section 1.

  7         Section 26.  Subsection (1), paragraphs (c), (d), and

  8  (i) of subsection (3), and subsection (5) of section 944.801,

  9  Florida Statutes, are amended to read:

10         944.801  Education for state prisoners.--

11         (1)  There is hereby established under the Department

12  of Corrections a Correctional Education Program which shall be

13  composed of the educational facilities and services of all

14  prisons institutions and facilities housing inmates operated

15  by the Department of Corrections and shall be supervised by

16  the Department of Corrections.

17         (3)  The responsibilities of the Correctional Education

18  Program shall be to:

19         (c)  In cooperation with the Department of Education,

20  pursuant to s. 229.8075, develop complete and reliable

21  statistics on the educational histories, the city/intracity

22  area and school district where the inmate was domiciled prior

23  to incarceration, the participation in state educational and

24  training programs, and the occupations of inmates confined to

25  state prisons correctional facilities.  The compiled

26  statistics shall be summarized and analyzed in the annual

27  report of correctional educational activities required by

28  paragraph (f).

29         (d)  Approve educational programs of the appropriate

30  levels and types in the prisons correctional institutions and

31

                                  27

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  develop procedures for the admission of inmate students

  2  thereto.

  3         (i)  Ensure that every inmate who has 2 years or more

  4  remaining to serve on his or her sentence at the time that he

  5  or she is received at an institution and who lacks basic and

  6  functional literacy skills as defined in s. 239.105 attends

  7  not fewer than 150 hours of sequential instruction in a

  8  correctional adult basic education program.  The basic and

  9  functional literacy level of an inmate shall be determined by

10  the average composite test score obtained on a test approved

11  for this purpose by the State Board of Education.

12         1.  Upon completion of the 150 hours of instruction,

13  the inmate shall be retested and, if a composite test score of

14  functional literacy is not attained, the department is

15  authorized to require the inmate to remain in the

16  instructional program.

17         2.  Highest priority of inmate participation shall be

18  focused on youthful offenders and those inmates nearing

19  release from the correctional system.

20         3.  An inmate shall be required to attend the 150 hours

21  of adult basic education instruction unless such inmate:

22         a.  Is serving a life sentence or is under sentence of

23  death.

24         b.  Is specifically exempted for security or health

25  reasons.

26         c.  Is housed at a work-release community correctional

27  center, road prison, work camp, or vocational center.

28         d.  Attains a functional literacy level after

29  attendance in fewer than 150 hours of adult basic education

30  instruction.

31

                                  28

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         e.  Is unable to enter such instruction because of

  2  insufficient facilities, staff, or classroom capacity.

  3         4.  The Department of Corrections shall provide classes

  4  to accommodate those inmates assigned to correctional or

  5  public work programs after normal working hours. The

  6  department shall develop a plan to provide academic and

  7  vocational classes on a more frequent basis and at times that

  8  accommodate the increasing number of inmates with work

  9  assignments, to the extent that resources permit.

10         5.  If an inmate attends and actively participates in

11  the 150 hours of instruction, the Department of Corrections

12  may grant a one-time award of up to 6 additional days of

13  incentive gain-time, which must be credited and applied as

14  provided by law.  Active participation means, at a minimum,

15  that the inmate is attentive, responsive, cooperative, and

16  completes assigned work.

17         (5)  Notwithstanding s. 120.81(3), all inmates under 22

18  years of age who qualify for special educational services and

19  programs pursuant to the Individuals with Disabilities

20  Education Act, 20 U.S.C. ss. 1400 et seq., and who request a

21  due process hearing as provided by that act shall be entitled

22  to such hearing before the Division of Administrative

23  Hearings.  Administrative law judges shall not be required to

24  travel to state or private prisons correctional institutions

25  and facilities in order to conduct these hearings.

26         Section 27.  Section 944.803, Florida Statutes, is

27  amended to read:

28         944.803  Faith-based programs for inmates.--

29         (1)  The Legislature finds and declares that

30  faith-based programs offered in state and private prisons

31  correctional institutions and facilities have the potential to

                                  29

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  facilitate inmate institutional adjustment, help inmates

  2  assume personal responsibility, and reduce recidivism.

  3         (2)  It is the intent of the Legislature that the

  4  Department of Corrections and the private vendors operating

  5  prisons private correctional facilities shall continuously:

  6         (a)  Measure recidivism rates for inmates who have

  7  participated in religious programs;

  8         (b)  Increase the number of volunteers who minister to

  9  inmates from various faith-based institutions in the

10  community;

11         (c)  Develop community linkages with churches,

12  synagogues, mosques, and other faith-based institutions to

13  assist inmates in their release back into the community; and

14         (d)  Fund through the use of inmate welfare trust funds

15  pursuant to s. 945.215 an adequate number of chaplains and

16  support staff to operate faith-based programs in correctional

17  institutions.

18         Section 28.  Subsections (1) and (2) of section

19  944.8031, Florida Statutes, are amended to read:

20         944.8031  Inmate's family visitation; legislative

21  intent; minimum services provided to visitors; budget

22  requests.--

23         (1)  The Legislature finds that maintaining an inmate's

24  family and community relationships through enhancing visitor

25  services and programs and increasing the frequency and quality

26  of the visits is an underutilized correctional resource that

27  can improve an inmate's behavior in prison the correctional

28  facility and, upon an inmate's release from a prison

29  correctional facility, will help to reduce recidivism.

30

31

                                  30

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         (2)  The department shall provide, at a minimum, the

  2  following services at designated visiting areas for approved

  3  visitors in state prisons correctional facilities:

  4         (a)  Information relating to applicable visiting

  5  regulations, dress codes, and visiting procedures.

  6         (b)  A sheltered area, outside the security perimeter,

  7  for visitors waiting before and after visiting inmates.

  8         (c)  Food services with food choices which are

  9  nutritious and acceptable for children and youth visitors.

10         (d)  Minimal equipment and supplies which assist staff

11  and visitors in managing and occupying the time and meeting

12  the needs of children and youth visitors.

13         Section 29.  Subsections (1) and (3) of section

14  945.025, Florida Statutes, are amended to read:

15         945.025  Jurisdiction of department.--

16         (1)  The Department of Corrections shall have

17  supervisory and protective care, custody, and control of the

18  inmates, buildings, grounds, property, and all other matters

19  pertaining to the following facilities and programs for the

20  imprisonment, correction, and rehabilitation of adult

21  offenders:

22         (a)  Department of Corrections adult prisons

23  correctional institutions;

24         (b)  Department of Corrections youthful offender

25  institutions;

26         (c)  Department of Corrections Mental Health Treatment

27  Facility;

28         (d)  Department of Corrections Probation and

29  Restitution Center;

30         (e)  Department of Corrections work-release community

31  correctional centers; and

                                  31

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         (f)  Department of Corrections vocational centers.

  2         (3)  There shall be other correctional facilities,

  3  including detention facilities of varying levels of security,

  4  work-release centers facilities, and community correctional

  5  facilities, halfway houses, and other approved community

  6  residential and nonresidential facilities and programs.;

  7  However, an no adult prison correctional facility may not be

  8  established by changing the use and purpose of any mental

  9  health facility or mental health institution under the

10  jurisdiction of any state agency or department without

11  authorization in the General Appropriations Appropriation Act

12  or other approval by the Legislature.  Any facility the

13  purpose and use of which was changed subsequent to January 1,

14  1975, shall be returned to its original use and purpose by

15  July 1, 1977.  However, the G. Pierce Wood Memorial Hospital

16  located at Arcadia, DeSoto County, may not be converted into a

17  prison correctional facility as long as such hospital is in

18  use as a state mental health hospital.  Any community

19  residential facility may be deemed a part of the state

20  correctional system for purposes of maintaining custody of

21  offenders, and for this purpose the department may contract

22  for and purchase the services of such facilities.

23         Section 30.  Paragraph (c) of subsection (1) of section

24  945.0311, Florida Statutes, is amended to read:

25         945.0311  Employment of relatives.--

26         (1)  For the purposes of this section, the term:

27         (c)  "Organizational unit" includes:

28         1.  A unit of a state prison correctional institution

29  such as security, medical, dental, classification,

30  maintenance, personnel, or business.  A work camp, boot camp,

31

                                  32

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  or other annex of a state prison correctional institution is

  2  considered part of the institution and not a separate unit.

  3         2.  An area of a regional office such as personnel,

  4  medical, administrative services, probation and parole, or

  5  community facilities.

  6         3.  A correctional work center, road prison, or

  7  work-release work release center.

  8         4.  A probation and parole circuit office or a

  9  suboffice within a circuit.

10         5.  A bureau of the Office of the Secretary or of any

11  of the assistant secretaries.

12         Section 31.  Paragraphs (a) and (b) of subsection (1)

13  of section 945.091, Florida Statutes, are amended to read:

14         945.091  Extension of the limits of confinement;

15  restitution by employed inmates.--

16         (1)  The department is authorized to adopt regulations

17  permitting the extension of the limits of the place of

18  confinement of an inmate as to whom there is reasonable cause

19  to believe that the inmate will honor his or her trust by

20  authorizing the inmate, under prescribed conditions and

21  following investigation and approval by the secretary, or the

22  secretary's designee, who shall maintain a written record of

23  such action, to leave the confines of that place unaccompanied

24  by a custodial agent for a prescribed period of time to:

25         (a)  Visit, for a specified period, a specifically

26  designated place or places:

27         1.  For the purpose of visiting a dying relative,

28  attending the funeral of a relative, or arranging for

29  employment or for a suitable residence for use when released;

30         2.  To otherwise aid in the rehabilitation of the

31  inmate; or

                                  33

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         3.  For another compelling reason consistent with the

  2  public interest,

  3

  4  and return to the same or another prison institution or

  5  facility designated by the Department of Corrections.

  6         (b)  Work at paid employment, participate in an

  7  education or a training program, or voluntarily serve a public

  8  or nonprofit agency in the community, while continuing as an

  9  inmate of the prison institution or facility in which the

10  inmate is confined, except during the hours of his or her

11  employment, education, training, or service and traveling

12  thereto and therefrom.  An inmate may participate in paid

13  employment only during the last 36 months of his or her

14  confinement, unless sooner requested by the Parole Commission

15  or the Control Release Authority.

16         Section 32.  Paragraphs (a), (b), and (e) of subsection

17  (1) and paragraph (b) of subsection (3) of section 945.215,

18  Florida Statutes, are amended to read:

19         945.215  Inmate welfare and employee benefit trust

20  funds.--

21         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

22  CORRECTIONS.--

23         (a)  The Inmate Welfare Trust Fund constitutes a trust

24  held by the department for the benefit and welfare of inmates

25  incarcerated in prisons correctional facilities operated

26  directly by the department and for visitation and family

27  programs and services in such prisons correctional facilities.

28  Funds shall be credited to the trust fund as follows:

29         1.  All funds held in any auxiliary, canteen, welfare,

30  or similar fund in any prison correctional facility operated

31  directly by the department.

                                  34

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         2.  All net proceeds from operating inmate canteens,

  2  vending machines used primarily by inmates and visitors, hobby

  3  shops, and other such facilities; however, funds necessary to

  4  purchase items for resale at inmate canteens and vending

  5  machines must be deposited into local bank accounts designated

  6  by the department.

  7         3.  All proceeds from contracted telephone commissions.

  8  The department shall develop and update, as necessary,

  9  administrative procedures to verify that:

10         a.  Contracted telephone companies accurately record

11  and report all telephone calls made by inmates incarcerated in

12  prisons correctional facilities under the department's

13  jurisdiction;

14         b.  Persons who accept collect calls from inmates are

15  charged the contracted rate; and

16         c.  The department receives the contracted telephone

17  commissions.

18         4.  Any funds that may be assigned by inmates or

19  donated to the department by the general public or an inmate

20  service organization; however, the department shall not accept

21  any donation from, or on behalf of, any individual inmate.

22         5.  Repayment of the one-time sum of $500,000

23  appropriated in fiscal year 1996-1997 from the Inmate Welfare

24  Trust Fund for correctional work programs pursuant to s.

25  946.008.

26         6.  All proceeds from:

27         a.  The confiscation and liquidation of any contraband

28  found upon, or in the possession of, any inmate;

29         b.  Disciplinary fines imposed against inmates;

30         c.  Forfeitures of inmate earnings; and

31

                                  35

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         d.  Unexpended balances in individual inmate trust fund

  2  accounts of less than $1.

  3         7.  All interest earnings and other proceeds derived

  4  from investments of funds deposited in the trust fund. In the

  5  manner authorized by law for fiduciaries, the secretary of the

  6  department, or the secretary's designee, may invest any funds

  7  in the trust fund when it is determined that such funds are

  8  not needed for immediate use.

  9         (b)  Funds in the Inmate Welfare Trust Fund must be

10  used exclusively for the following purposes at prisons

11  correctional facilities operated directly by the department:

12         1.  To operate inmate canteens and vending machines,

13  including purchasing items for resale at inmate canteens and

14  vending machines; employing personnel and inmates to manage,

15  supervise, and operate inmate canteens and vending machines;

16  and covering other operating and fixed capital outlay expenses

17  associated with operating inmate canteens and vending

18  machines;

19         2.  To employ personnel to manage and supervise the

20  proceeds from telephone commissions;

21         3.  To develop, implement, and maintain the medical

22  copayment accounting system;

23         4.  To provide literacy programs, vocational training

24  programs, and educational programs that comply with standards

25  of the Department of Education, including employing personnel

26  and covering other operating and fixed capital outlay expenses

27  associated with providing such programs;

28         5.  To operate inmate chapels, faith-based programs,

29  visiting pavilions, visiting services and programs, family

30  services and programs, libraries, and law libraries, including

31  employing personnel and covering other operating and fixed

                                  36

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  capital outlay expenses associated with operating inmate

  2  chapels, faith-based programs, visiting pavilions, visiting

  3  services and programs, family services and programs,

  4  libraries, and law libraries;

  5         6.  To provide for expenses associated with various

  6  inmate clubs;

  7         7.  To provide for expenses associated with legal

  8  services for inmates;

  9         8.  To provide inmate substance abuse treatment

10  programs and transition and life skills training programs,

11  including employing personnel and covering other operating and

12  fixed capital outlay expenses associated with providing such

13  programs.

14         (e)  Items for resale at inmate canteens and vending

15  machines maintained at prisons the correctional facilities

16  shall be priced comparatively with like items for retail sale

17  at fair market prices.

18         (3)  EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF

19  CORRECTIONS.--

20         (b)  Funds from the Employee Benefit Trust Fund may be

21  used to construct, operate, and maintain training and

22  recreation facilities at prisons correctional facilities for

23  the exclusive use of department employees. Such facilities are

24  the property of the department and must provide the maximum

25  benefit to all interested employees, regardless of gender.

26         Section 33.  Subsection (1) of section 945.21501,

27  Florida Statutes, is amended to read:

28         945.21501  Employee Benefit Trust Fund.--

29         (1)  There is hereby created in the Department of

30  Corrections the Employee Benefit Trust Fund. The purpose of

31  the trust fund shall be to construct, operate, and maintain

                                  37

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  training and recreation facilities at prisons correctional

  2  facilities for the exclusive use of department employees.

  3  Moneys shall be deposited in the trust fund as provided in s.

  4  945.215.

  5         Section 34.  Subsection (1) of section 945.21502,

  6  Florida Statutes, is amended to read:

  7         945.21502  Inmate Welfare Trust Fund.--

  8         (1)  There is hereby created in the Department of

  9  Corrections the Inmate Welfare Trust Fund. The purpose of the

10  trust fund shall be the benefit and welfare of inmates

11  incarcerated in prisons correctional facilities operated by

12  the department. Moneys shall be deposited in the trust fund

13  and expenditures made from the trust fund as provided in s.

14  945.215.

15         Section 35.  Subsection (1) of section 945.27, Florida

16  Statutes, is amended to read:

17         945.27  Proceedings by department.--

18         (1)  Whenever it becomes necessary to increase the

19  number of prison beds by acquiring private property for the

20  construction of new prisons correctional facilities or for the

21  expansion of existing prisons facilities, and the property

22  cannot be acquired by agreement satisfactory to the Department

23  of Corrections and the parties interested in, or the owners

24  of, the private property, the department may is hereby

25  empowered and authorized to exercise the right of eminent

26  domain and to proceed to condemn the property in the same

27  manner as provided by law for the condemnation of property.

28         Section 36.  Subsection (2) of section 945.35, Florida

29  Statutes, is amended to read:

30

31

                                  38

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         945.35  Requirement for education on human

  2  immunodeficiency virus and acquired immune deficiency

  3  syndrome.--

  4         (2)  The Department of Corrections, in conjunction with

  5  the Department of Health, shall establish a mandatory

  6  education program on human immunodeficiency virus and acquired

  7  immune deficiency syndrome with an emphasis on appropriate

  8  behavior and attitude change to be offered on an annual basis

  9  to all staff in prisons correctional facilities, including new

10  staff.

11         Section 37.  Subsections (2), (3), (4), and (5) of

12  section 945.6031, Florida Statutes, are amended to read:

13         945.6031  Required reports and surveys.--

14         (2)  The authority shall conduct surveys of the

15  physical and mental health care system at each prison

16  correctional institution at least triennially and shall report

17  the survey findings for each institution to the Secretary of

18  Corrections.

19         (3)  Deficiencies found by the authority to be

20  life-threatening or otherwise serious shall be immediately

21  reported to the Secretary of Corrections.  The Department of

22  Corrections shall take immediate action to correct

23  life-threatening or otherwise serious deficiencies identified

24  by the authority and within 3 calendar days file a written

25  corrective action plan with the authority indicating the

26  actions that will be taken to address the deficiencies.

27  Within 60 calendar days following a survey, the authority

28  shall submit a report to the Secretary of Corrections

29  indicating deficiencies found at the prison institution.

30         (4)  Within 30 calendar days after the receipt of a

31  survey report from the authority, the Department of

                                  39

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  Corrections shall file a written corrective action plan with

  2  the authority, indicating the actions which will be taken to

  3  address deficiencies determined by the authority to exist at a

  4  prison an institution.  Each plan shall set forth an estimate

  5  of the time and resources needed to correct identified

  6  deficiencies.

  7         (5)  The authority shall monitor the Department of

  8  Corrections' implementation of corrective actions which have

  9  been taken at each prison institution to address deficiencies

10  related to the Department of Corrections' provision of

11  physical and mental health care services found to exist by the

12  authority.

13         Section 38.  Paragraph (c) of subsection (3) of section

14  945.6037, Florida Statutes, is amended to read:

15         945.6037  Nonemergency health care; inmate

16  copayments.--

17         (3)

18         (c)  The expenses and operating capital outlay required

19  to develop, implement, and maintain the medical copayment

20  accounting system must be appropriated from the Inmate Welfare

21  Trust Fund. The fiscal assistants and accountants at prisons

22  the correctional facilities funded from the Inmate Welfare

23  Trust Fund are, in addition to their duties relating to the

24  inmate canteen and bank, responsible for managing the medical

25  copayment system.

26         Section 39.  Subsection (1) of section 945.72, Florida

27  Statutes, is amended to read:

28         945.72  Eligibility and screening of inmates.--

29         (1)  The provisions of ss. 945.71-945.74 apply to all

30  eligible inmates in state prisons correctional institutions.

31

                                  40

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         Section 40.  Section 945.75, Florida Statutes, is

  2  amended to read:

  3         945.75  Tours of state correctional facilities for

  4  juveniles.--The Department of Corrections shall develop a

  5  program under which a judge may order that juveniles who have

  6  committed delinquent acts shall be allowed to tour state

  7  prisons correctional facilities under the terms and conditions

  8  established by the department. Each county shall develop a

  9  comparable program to allow juveniles to tour county jails

10  pursuant to a court order.

11         Section 41.  Paragraph (a) of subsection (2) of section

12  946.002, Florida Statutes, is amended to read:

13         946.002  Requirement of labor; compensation; amount;

14  crediting of account of prisoner; forfeiture; civil rights;

15  prisoner not employee or entitled to compensation insurance

16  benefits.--

17         (2)(a)  Each prisoner who is engaged in productive work

18  in any state prison correctional institution, program, or

19  facility under the jurisdiction of the department may receive

20  for work performed such compensation as the department shall

21  determine.  Such compensation shall be in accordance with a

22  schedule based on quality and quantity of work performed and

23  skill required for performance, and said compensation shall be

24  credited to the account of the prisoner or the prisoner's

25  family.

26         Section 42.  Section 946.205, Florida Statutes, is

27  amended to read:

28         946.205  Institutional work.--The department may cause

29  to be cultivated by the inmates of the adult prisons

30  correctional institutions that are under the control and

31  supervision of the department such food items as are grown on

                                  41

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  farms or in gardens generally, and as are needed and used in

  2  the state institutions. The department may sell any surplus

  3  food items to the corporation authorized under part II of this

  4  chapter. Any proceeds received from such sales by the

  5  department shall be deposited into the Correctional Work

  6  Program Trust Fund. The department may also use the services

  7  of inmates of the adult prisons who correctional institutions

  8  that are under the control and supervision of the department

  9  to perform such work as is needed and used within the state

10  institutions.

11         Section 43.  Section 946.25, Florida Statutes, is

12  amended to read:

13         946.25  Sale of hobbycrafts by prisoners.--When, in the

14  planning of the rehabilitation program of the Department of

15  Corrections through its recreational facilities, plans are

16  made for prisoners to engage in hobbies and hobbycrafts after

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

18  the superintendent or warden of a state prison or correctional

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

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

21  by the prisoner through the institutional canteen or

22  commissary to persons visiting the institution.

23         Section 44.  Subsection (1) of section 946.40, Florida

24  Statutes, is amended to read:

25         946.40  Use of prisoners in public works.--

26         (1)  The Department of Corrections shall, subject to

27  the availability of funds appropriated for that purpose, and,

28  in the absence of such funds, may, enter into agreements with

29  such political subdivisions in the state, as defined by s.

30  1.01(8), including municipalities; with such agencies and

31  institutions of the state; and with such nonprofit

                                  42

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  corporations as might use the services of inmates of prisons

  2  correctional institutions and camps when it is determined by

  3  the department that such services will not be detrimental to

  4  the welfare of such inmates or the interests of the state in a

  5  program of rehabilitation.  An agreement for use of fewer than

  6  15 minimum custody inmates and medium custody inmates may

  7  provide that supervision will be either by the department or

  8  by the political subdivision, institution, nonprofit

  9  corporation, or agency using the inmates.  The department is

10  authorized to adopt rules governing work and supervision of

11  inmates used in public works projects, which rules shall

12  include, but shall not be limited to, the proper screening and

13  supervision of such inmates.  Inmates may be used for these

14  purposes without being accompanied by a correctional officer,

15  provided the political subdivision, municipality, or agency of

16  the state or the nonprofit corporation provides proper

17  supervision pursuant to the rules of the Department of

18  Corrections.

19         Section 45.  Subsections (4) and (8) of section

20  946.504, Florida Statutes, are amended to read:

21         946.504  Organization of corporation to operate

22  correctional work programs; lease of facilities.--

23         (4)  If the department leases a single correctional

24  work program at any prison correctional institution to the

25  corporation, the corporation shall lease all such correctional

26  work programs at that prison institution.

27         (8)  Notwithstanding any provision to the contrary, the

28  corporation may is authorized to use tax-exempt financing

29  through the issuance of tax-exempt bonds, certificates of

30  participation, lease-purchase agreements, or other tax-exempt

31  financing methods for the purpose of constructing facilities

                                  43

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  or making capital improvements for correctional work programs

  2  and prison industry enhancement programs on state-owned land

  3  within state prisons correctional institutions. Such

  4  tax-exempt financing may be funded by the General

  5  Appropriations Act. If the corporation obtains tax-exempt

  6  financing, the state retains a secured interest by holding a

  7  lien against any structure or improvement for which tax-exempt

  8  financing or state funds are used. The corporation shall

  9  include a provision in its financing contract requiring that a

10  lien be filed by the Department of Corrections, on behalf of

11  the state, in order to procure the issuance of tax-exempt

12  bonds or certificates of participation; to enter into

13  lease-purchase agreements; or to obtain any other tax-exempt

14  financing methods for the construction or renovation of

15  facilities related to correctional work programs or prison

16  industry enhancement programs. The lien shall be against the

17  property where any facility or structure is located which has

18  been constructed or substantially renovated, in whole or in

19  part, through the use of state funds. However, there is no

20  requirement for the Department of Corrections to file a lien

21  if the amount of state funds does not exceed $25,000 or 10

22  percent of the contract amount, whichever is less. The lien

23  must be recorded, upon the execution of the contract

24  authorizing such construction or renovation, in the county

25  where the property is located. The lien must specify that the

26  Department of Corrections has a financial interest in the

27  property equal to the pro rata portion of the state's original

28  investment of the then-fair-market value of the construction.

29  The lien must also specify that the Department of Corrections'

30  financial interest is proportionately reduced and subsequently

31  vacated over a 20-year period of depreciation. The contract

                                  44

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  must include a provision that as a condition of receipt of

  2  state funding for this purpose, the corporation agrees that,

  3  if it disposes of the property before the state's interest is

  4  vacated, the corporation will refund the proportionate share

  5  of the state's initial investment, as adjusted by

  6  depreciation.

  7         Section 46.  Section 946.513, Florida Statutes, is

  8  amended to read:

  9         946.513  Private employment of inmates; disposition of

10  compensation received.--

11         (1)  Notwithstanding the provisions of any other law,

12  an inmate may be employed by the corporation or by any other

13  private entity operating on the grounds of a prison

14  correctional institution prior to the last 24 months of the

15  inmate's confinement. Compensation received for such

16  employment shall be credited by the department to an account

17  for the inmate and shall be used to make any court-ordered

18  payments, including restitution to the victim. The department

19  rules shall provide that a portion of such compensation be

20  credited by the department in the manner provided in s.

21  946.512.

22         (2)  No inmate is eligible for unemployment

23  compensation, whether employed by the corporation or by any

24  other private enterprise operating on the grounds of a prison

25  correctional institution or elsewhere, when such employment is

26  part of a correctional work program or work-release program of

27  either the corporation or the department.

28         Section 47.  Paragraph (d) of subsection (2) of section

29  413.051, Florida Statutes, is amended to read:

30         413.051  Eligible blind persons; operation of vending

31  stands.--

                                  45

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         (2)  As used in this section:

  2         (d)  "State property" means any building or land owned,

  3  leased, or otherwise controlled by the state, but does not

  4  include any building or land under the control of the Board of

  5  Regents, a community college district board of trustees, or

  6  any state prison correctional institution as defined in s.

  7  944.02(6).

  8         Section 48.  Paragraphs (a), (c), and (d) of subsection

  9  (2) of section 414.40, Florida Statutes, are amended to read:

10         414.40  Stop Inmate Fraud Program established;

11  guidelines.--

12         (2)  The Department of Law Enforcement is directed to

13  implement the Stop Inmate Fraud Program in accordance with the

14  following guidelines:

15         (a)  The program shall establish procedures for sharing

16  public records not exempt from the public records law among

17  social services agencies regarding the identities of persons

18  incarcerated in state prisons correctional institutions, as

19  defined in s. 944.02(6), or in county, municipal, or regional

20  jails or other detention facilities of local governments under

21  chapter 950 or chapter 951 who are wrongfully receiving public

22  assistance benefits or entitlement benefits.

23         (c)  Database searches shall be conducted of the inmate

24  population at each prison correctional institution or other

25  detention facility.  A prison correctional institution or a

26  detention facility shall provide the Stop Inmate Fraud Program

27  with the information necessary to identify persons wrongfully

28  receiving benefits in the medium requested by the Stop Inmate

29  Fraud Program if the prison correctional institution or

30  detention facility maintains the information in that medium.

31

                                  46

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         (d)  Data obtained from prisons correctional

  2  institutions or other detention facilities shall be compared

  3  with the client files of the Department of Children and Family

  4  Services, the Department of Labor and Employment Security, and

  5  other state or local agencies as needed to identify persons

  6  wrongfully obtaining benefits.  Data comparisons shall be

  7  accomplished during periods of low information demand by

  8  agency personnel to minimize inconvenience to the agency.

  9         Section 49.  Paragraph (a) of subsection (7) of section

10  948.03, Florida Statutes, is amended to read:

11         948.03  Terms and conditions of probation or community

12  control.--

13         (7)(a)  If the court imposes a period of residential

14  treatment or incarceration as a condition of probation or

15  community control, the residential treatment or incarceration

16  shall be restricted to the following facilities:

17         1.  A Department of Corrections probation and

18  restitution center;

19         2.  A probation program drug punishment treatment

20  community;

21         3.  A community residential facility that which is

22  owned and operated by any public or private entity, excluding

23  a work-release community correctional center as defined in s.

24  944.026; or

25         4.  A county-owned facility.

26         Section 50.  Paragraphs (a) and (e) of subsection (2)

27  of section 951.23, Florida Statutes, are amended to read:

28         951.23  County and municipal detention facilities;

29  definitions; administration; standards and requirements.--

30         (2)  COLLECTION OF INFORMATION.--In conjunction with

31  the administrators of county detention facilities, the

                                  47

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1  Department of Corrections shall develop an instrument for the

  2  collection of information from the administrator of each

  3  county detention facility.  Whenever possible, the information

  4  shall be transmitted by the administrator to the Department of

  5  Corrections electronically or in a computer readable format.

  6  The information shall be provided on a monthly basis and shall

  7  include, but is not limited to, the following:

  8         (a)  The number of persons housed per day who are:

  9         1.  Felons sentenced to cumulative sentences of

10  incarceration of 364 days or less.

11         2.  Felons sentenced to cumulative sentences of

12  incarceration of 365 days or more.

13         3.  Sentenced misdemeanants.

14         4.  Awaiting trial on at least one felony charge.

15         5.  Awaiting trial on misdemeanor charges only.

16         6.  Convicted felons and misdemeanants who are awaiting

17  sentencing.

18         7.  Juveniles.

19         8.  State parole violators.

20         9.  State inmates who were transferred from a state

21  prison correctional facility, as defined in s. 944.02, to the

22  county detention facility.

23         (e)  The number of persons admitted per month, and the

24  number of persons housed on the last day of the month, by age,

25  race, and sex, who are:

26         1.  Felons sentenced to cumulative sentences of

27  incarceration of 364 days or less.

28         2.  Felons sentenced to cumulative sentences of

29  incarceration of 365 days or more.

30         3.  Sentenced misdemeanants.

31         4.  Awaiting trial on at least one felony charge.

                                  48

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1         5.  Awaiting trial on misdemeanor charges only.

  2         6.  Convicted felons and misdemeanants who are awaiting

  3  sentencing.

  4         7.  Juveniles.

  5         8.  State parole violators.

  6         9.  State inmates who were transferred from a state

  7  prison correctional facility, as defined in s. 944.02, to the

  8  county detention facility.

  9         Section 51.  Paragraph (b) of subsection (2) of section

10  958.04, Florida Statutes, is amended to read:

11         958.04  Judicial disposition of youthful offenders.--

12         (2)  In lieu of other criminal penalties authorized by

13  law and notwithstanding any imposition of consecutive

14  sentences, the court shall dispose of the criminal case as

15  follows:

16         (b)  The court may impose a period of incarceration as

17  a condition of probation or community control, which period of

18  incarceration shall be served in either a county facility, a

19  department probation and restitution center, or a community

20  residential facility which is owned and operated by any public

21  or private entity providing such services.  No youthful

22  offender may be required to serve a period of incarceration in

23  a work-release community correctional center as defined in s.

24  944.026.  Admission to a department facility or center shall

25  be contingent upon the availability of bed space and shall

26  take into account the purpose and function of such facility or

27  center.  Placement in such a facility or center shall not

28  exceed 364 days.

29         Section 52.  This act shall take effect upon becoming a

30  law.

31

                                  49

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






    Florida Senate - 2000                                  SB 1670
    10-944-00




  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises various provisions of law relating to the state
      correctional system, the Department of Corrections, and
  4    inmate labor and correctional work programs to
      redesignate the term "correctional institution" as
  5    "prison" and the term "community correctional center" as
      "work-release center."
  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  50