House Bill 1859e1

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                                   CS/HB 1859, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to elderly offenders; amending

  3         s. 944.02, F.S.; providing a definition of

  4         "elderly offender"; creating s. 944.804, F.S.;

  5         providing legislative findings; requiring the

  6         Department of Corrections to establish and

  7         operate an exclusively geriatric facility for

  8         elderly offenders at the current River Junction

  9         Correctional Institution site; requiring the

10         department to develop rules specifying

11         eligibility for the facility; providing

12         specific legislative intent for implementation

13         of rules; requiring a study; creating s.

14         944.8041, F.S.; requiring annual review and

15         reports by the Florida Corrections Commission

16         and the Correctional Medical Authority on the

17         status and treatment of elderly offenders;

18         amending ss. 120.81, 413.051, and 414.40, F.S.;

19         correcting cross references; providing an

20         effective date.

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

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24         Section 1.  Section 944.02, Florida Statutes, is

25  amended to read:

26         944.02  Definitions.--The following words and phrases

27  used in this chapter shall, unless the context clearly

28  indicates otherwise, have the following meanings:

29         (1)(3)  "Commission" means the Parole Commission.

30         (2)(1)  "Correctional system" means all prisons and

31  other state correctional institutions now existing or


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                                   CS/HB 1859, First Engrossed/ntc



  1  hereafter created under the jurisdiction of the Department of

  2  Corrections.

  3         (3)(2)  "Department" means the Department of

  4  Corrections.

  5         (4)  "Elderly offender" means a prisoner age 50 or

  6  older in a state correctional institution or facility operated

  7  by the Department of Corrections or the Correctional

  8  Privatization Commission.

  9         (5)(7)  "Lease-purchase agreement" means an installment

10  sales contract which requires regular payments with an

11  interest charge included and which provides that the lessee

12  receive title to the property upon final payment.

13         (6)(5)  "Prisoner" means any person who is under arrest

14  and in the lawful custody of any law enforcement official, or

15  any person convicted and sentenced by any court and committed

16  to any municipal or county jail or state prison, prison farm,

17  or penitentiary, or to the custody of the department, as

18  provided by law.

19         (7)(4)  "Secretary" means the Secretary of Corrections.

20         (8)(6)  "State correctional institution" means any

21  prison, road camp, prison industry, prison forestry camp, or

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

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

24  or maintained, under the custody and jurisdiction of the

25  department.

26         Section 2.  Section 944.804, Florida Statutes, is

27  created to read:

28         944.804  Elderly offenders correctional facilities

29  program of 2000.--

30         (1)  The Legislature finds that the number and

31  percentage of elderly offenders in the Florida prison system


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                                   CS/HB 1859, First Engrossed/ntc



  1  is increasing and will continue to increase for the forseeable

  2  future. The current cost to incarcerate elderly offenders is

  3  approximately three times the cost of incarceration of younger

  4  inmates. Alternatives to the current approaches to housing,

  5  programming, and treating the medical needs of elderly

  6  offenders, which may reduce the overall costs associated with

  7  this segment of the prison population, must be explored and

  8  implemented.

  9         (2)  The department shall establish and operate a

10  geriatric facility at the site known as River Junction

11  Correctional Institution, which shall be an institution

12  specifically for generally healthy elderly offenders who can

13  perform general work appropriate for their physical and mental

14  condition.  Prior to reopening the facility, the department

15  shall make modifications to the facility which will ensure its

16  compliance with the Americans with Disabilities Act and

17  decrease the likelihood of falls, accidental injury, and other

18  conditions known to be particularly hazardous to the elderly.

19         (a)  In order to decrease long-term medical costs to

20  the state, a preventive fitness/wellness program and diet

21  specifically designed to maintain the mental and physical

22  health of elderly offenders shall be developed and

23  implemented.  In developing the program, the department shall

24  give consideration to preventive medical care for the elderly

25  which shall include, but not be limited to, maintenance of

26  bone density, all aspects of cardiovascular health, lung

27  capacity, mental alertness, and orientation.  Existing

28  policies and procedures shall be reexamined and altered to

29  encourage offenders to adopt a more healthy lifestyle and

30  maximize their level of functioning. The program components

31  shall be modified as data and experience are received which


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                                   CS/HB 1859, First Engrossed/ntc



  1  measure the relative success of the program components

  2  previously implemented.

  3         (b)  Consideration must be given to redirecting

  4  resources as a method of offsetting increased medical costs.

  5  Elderly offenders are not likely to reenter society as a part

  6  of the workforce, and programming resources would be better

  7  spent in activities to keep the elderly offenders healthy,

  8  alert, and oriented.  Limited or restricted programming or

  9  activities for elderly offenders will increase the daily cost

10  of institutional and health care; and programming

11  opportunities adequate to reduce the cost of care will be

12  provided.  Programming shall include, but not be limited to,

13  recreation, education, and counseling which is needs-specific

14  to elderly offenders.  Institutional staff shall be

15  specifically trained to effectively supervise elderly

16  offenders and to detect physical or mental changes which

17  warrant medical attention before more serious problems

18  develop.

19         (3)  Notwithstanding the provisions of s. 120.54(1)(b),

20  the department shall adopt rules within 90 days after the

21  effective date of this act, or may initially adopt emergency

22  rules, that specify which elderly offenders shall be eligible

23  to be housed at River Junction Correctional Institution. The

24  Legislature finds that initial emergency rulemaking power is

25  necessary for the welfare of the people in order to provide

26  future savings to benefit the public. The Legislature further

27  finds that if the initial rules adopted are emergency rules,

28  then the department need not make the findings required by s.

29  120.54(4)(a).

30         (4)  In developing the rules or initial emergency

31  rules, the Legislature directs the department to target


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                                   CS/HB 1859, First Engrossed/ntc



  1  occupancy at 100 percent, and to achieve occupancy of no less

  2  than 85 percent, at River Junction Correctional Institution.

  3  While developing the criteria for eligibility, the department

  4  shall use the information in existing offender databases to

  5  determine the number of offenders who would be eligible. The

  6  Legislature directs the department to consider a broad range

  7  of elderly offenders for River Junction Correctional

  8  Institution who have good disciplinary records and a medical

  9  grade that will permit them to perform meaningful work

10  activities, including participation in an appropriate

11  correctional work program (PRIDE) facility, if available.

12         (5)  It is further the specific intent of the

13  Legislature that implementation of these statutory provisions

14  not be delayed until adoption of rules or emergency rules or

15  during any period when previously existing rules are no longer

16  in effect. During any such period, the department shall

17  maintain an inmate population profile in accordance with the

18  following schedule:

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20      Profile Variable                 Population     Variation

21                                       Percent        Percent

22      Age 50 or greater                   100%             2%

23      Custody Level

24        Minimum/Medium                    100%           .05%

25      Physical Health Grade

26        M1 or M2                           60%             1%

27        M3 with chronic condition(s)

28          considered stable                40%             1%

29      Psychological Grade

30        S1 or S2                          100%             1%

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                                   CS/HB 1859, First Engrossed/ntc



  1         (6)  At the time of submission of the rules to the

  2  Joint Administrative Procedures Committee, the department

  3  shall also submit a study based on existing offenders which

  4  projects the number of existing offenders who will qualify

  5  under the rules and which includes a plan to increase capacity

  6  of the geriatric facility at River Junction Correctional

  7  Institution and to operate it as a stand-alone institution.

  8  An appendix to the study shall identify the specific offenders

  9  who qualify.

10         Section 3.  Section 944.8041, Florida Statutes, is

11  created to read:

12         944.8041  Elderly offenders; annual review.--For the

13  purpose of providing information to the Legislature on elderly

14  offenders within the correctional system, the Florida

15  Corrections Commission and the Correctional Medical Authority

16  shall each submit annually a report on the status and

17  treatment of elderly offenders in the state-administered and

18  private state correctional systems, as well as such

19  information on the River Junction Correctional Institution.

20  In order to adequately prepare the reports, the Department of

21  Corrections and the Correctional Privatization Commission

22  shall grant access to the Florida Corrections Commission and

23  the Correctional Medical Authority which includes access to

24  the facilities, offenders, and any information the agencies

25  require to complete their reports.  The review shall also

26  include an examination of promising geriatric policies,

27  practices, and programs currently implemented in other

28  correctional systems within the United States.  The reports,

29  with specific findings and recommendations for implementation,

30  shall be submitted to the President of the Senate and the

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                                   CS/HB 1859, First Engrossed/ntc



  1  Speaker of the House of Representatives on or before December

  2  31 of each year.

  3         Section 4.  Paragraphs (a) and (b) of subsection (3) of

  4  section 120.81, Florida Statutes, are amended to read:

  5         120.81  Exceptions and special requirements; general

  6  areas.--

  7         (3)  PRISONERS AND PAROLEES.--

  8         (a)  Notwithstanding s. 120.52(12), prisoners, as

  9  defined by s. 944.02(5), shall not be considered parties in

10  any proceedings other than those under s. 120.54(3)(c) or (7),

11  and may not seek judicial review under s. 120.68 of any other

12  agency action. Prisoners are not eligible to seek an

13  administrative determination of an agency statement under s.

14  120.56(4). Parolees shall not be considered parties for

15  purposes of agency action or judicial review when the

16  proceedings relate to the rescission or revocation of parole.

17         (b)  Notwithstanding s. 120.54(3)(c), prisoners, as

18  defined by s. 944.02(5), may be limited by the Department of

19  Corrections to an opportunity to present evidence and argument

20  on issues under consideration by submission of written

21  statements concerning intended action on any department rule.

22         Section 5.  Paragraph (d) of subsection (2) of section

23  413.051, Florida Statutes, is amended to read:

24         413.051  Eligible blind persons; operation of vending

25  stands.--

26         (2)  As used in this section:

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

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

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

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

31  any state correctional institution as defined in s. 944.02(6).


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                                   CS/HB 1859, First Engrossed/ntc



  1         Section 6.  Paragraph (a) of subsection (2) of section

  2  414.40, Florida Statutes, is amended to read:

  3         414.40  Stop Inmate Fraud Program established;

  4  guidelines.--

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

  6  implement the Stop Inmate Fraud Program in accordance with the

  7  following guidelines:

  8         (a)  The program shall establish procedures for sharing

  9  public records not exempt from the public records law among

10  social services agencies regarding the identities of persons

11  incarcerated in state correctional institutions, as defined in

12  s. 944.02(6), or in county, municipal, or regional jails or

13  other detention facilities of local governments under chapter

14  950 or chapter 951 who are wrongfully receiving public

15  assistance benefits or entitlement benefits.

16         Section 7.  This act shall take effect July 1, 2000.

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