House Bill hb1133

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    Florida House of Representatives - 2001                HB 1133

        By Representative Brutus






  1                      A bill to be entitled

  2         An act relating to operations of correctional

  3         work programs; revising provisions relating to

  4         leased or managed work programs to conform to

  5         current operations and applications; amending

  6         ss. 946.502, 946.5025, 946.5026, 946.503,

  7         946.506, 946.509, 946.511, 946.514, 946.516,

  8         946.518, 946.520, F.S.; conforming internal

  9         cross-references; deleting obsolete provisions;

10         clarifying a definition; changing a reporting

11         date; amending s. 957.04, F.S., to conform a

12         cross-reference; providing an effective date.

13

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

15

16         Section 1.  Subsections (2), (3), and (4) of section

17  946.502, Florida Statutes, are amended to read:

18         946.502  Legislative intent with respect to operation

19  of correctional work programs.--

20         (2)  It is further the intent of the Legislature that,

21  once one such nonprofit corporation is organized, no other

22  nonprofit corporation be organized for the purpose of carrying

23  out this part ss. 946.502-946.518.  In carrying out this part

24  ss. 946.502-946.518, the corporation is not an "agency" within

25  the meaning of s. 20.03(11).

26         (3)  It is further the intent of the Legislature that,

27  by July 1, 1985, the corporation shall lease have leased all

28  correctional work programs from the department.

29         (4)  It is further the intent of the Legislature that

30  the state shall have a continuing interest in assuring

31  continuity and stability in the operation of correctional work

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  1  programs and that this part ss. 946.502-946.518 be construed

  2  in furtherance of such goals.

  3         Section 2.  Section 946.5025, Florida Statutes, is

  4  amended to read:

  5         946.5025  Authorization of corporation to enter into

  6  contracts.--The corporation established under this part

  7  chapter may enter into contracts to operate correctional work

  8  programs with any county or municipal authority that operates

  9  a correctional facility or with a contractor authorized under

10  chapter 944 or chapter 957 to operate a private correctional

11  facility. The corporation has the same powers, privileges, and

12  immunities in carrying out such contracts as it has under this

13  chapter.

14         Section 3.  Section 946.5026, Florida Statutes, is

15  amended to read:

16         946.5026  Sovereign immunity in tort actions.--The

17  provisions of s. 768.28 shall be applicable to the corporation

18  established under this part pursuant to s. 946.504(1), which

19  is deemed to be a corporation primarily acting as an

20  instrumentality of the state.

21         Section 4.  Section 946.503, Florida Statutes, is

22  amended to read:

23         946.503  Definitions to be used with respect to

24  correctional work programs.--As used in this part ss.

25  946.502-946.518, the term:

26         (1)  "Corporation" means the private nonprofit

27  corporation established pursuant to s. 946.504(1), or a

28  private nonprofit corporation whose sole member is the private

29  nonprofit corporation established pursuant to s. 946.504(1),

30  whose board of directors is identical to the board of

31  directors of the private nonprofit corporation established

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  1  pursuant to s. 946.504(1), to carry out this part ss.

  2  946.502-946.518.

  3         (2)  "Correctional work program" means any program

  4  presently a part of the prison industries program operated by

  5  the department or any other correctional work program carried

  6  on at any state correctional facility presently or in the

  7  future, but the term does not include any program authorized

  8  by s. 945.091 or s. 946.40.

  9         (3)  "Department" means the Department of Corrections.

10         (4)  "Facilities" means the buildings and land used in

11  the operation of an industry program on state property.

12         (5)  "Inmate" means any person incarcerated within any

13  state, county, municipal, or private correctional facility.

14         (6)  "Private correctional facility" means a facility

15  authorized by chapter 944 or chapter 957.

16         Section 5.  Section 946.506, Florida Statutes, is

17  amended to read:

18         946.506  Modification or termination of correctional

19  work program by the corporation.--This part does Sections

20  946.502-946.518 do not prevent the corporation from modifying,

21  altering, or terminating any correctional work program, once

22  assumed, so long as the corporation is otherwise carrying out

23  the provisions of this part ss. 946.502-946.518.

24         Section 6.  Subsection (1) of section 946.509, Florida

25  Statutes, is amended to read:

26         946.509  Insurance of property leased or acquired by

27  the corporation.--

28         (1)  The State Risk Management Trust Fund created under

29  s. 284.30 shall insure all property eligible for coverage

30  under part I of chapter 284 which is leased by the department

31  to the corporation or which is subsequently acquired and owned

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  1  or leased by the corporation and subject to the reversionary

  2  ownership interest of the state established in s. 946.505.

  3         Section 7.  Subsection (1) of section 946.511, Florida

  4  Statutes, is amended to read:

  5         946.511  Provision of inmate labor to operate

  6  correctional work programs; policies and procedures.--

  7         (1)  Inmates shall be evaluated and identified during

  8  the reception process to determine basic literacy, employment

  9  skills, academic skills, vocational skills, and remedial and

10  rehabilitative needs.  The evaluation shall prescribe

11  education, work, and work-training for each inmate. Assignment

12  to programs shall be based on the evaluation and the length of

13  time the inmate will be in the custody of the department.

14  Assignment to programs shall be reviewed every 6 months to

15  ensure proper placement based on bed space availability.

16  Assignment of inmates shall be governed by the following

17  objectives and priorities:

18         (a)  Inmates shall be assigned to meet the needs of the

19  work requirements of the Department of Corrections, including

20  essential operational functions and revenue-generating

21  contracts.

22         (b)  Inmates shall be assigned to correctional

23  education.

24         (c)  Inmates shall be assigned to meet all other work

25  requirements of the department, including remaining

26  operational functions and nonrevenue-generating contracts.

27

28  As used in this subsection, the term "revenue-generating

29  contracts" includes contracts with the Department of

30  Transportation, the corporation authorized to conduct the

31  correctional work programs under this part II, the corporation

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  1  and private sector businesses operating programs authorized

  2  under s. 946.523 946.006(3), and federal, state, or local

  3  governmental entities or subdivisions authorized under s.

  4  944.10(7).

  5         Section 8.  Subsections (1) and (2) of section 946.514,

  6  Florida Statutes, are amended to read:

  7         946.514  Civil rights of inmates; inmates not state

  8  employees; liability of corporation for inmate injuries.--

  9         (1)  Nothing contained in this part ss. 946.502-946.517

10  is intended to restore in whole or in part the civil rights of

11  inmates.

12         (2)  No inmate compensated under this part ss.

13  946.502-946.517 or by the corporation or the department shall

14  be considered as an employee of the state, the department, or

15  the corporation.

16         Section 9.  Subsection (1) of section 946.516, Florida

17  Statutes, is amended to read:

18         946.516  Report to Governor, Legislature, and Auditor

19  General by the corporation; Department of Corrections report;

20  annual financial audit.--

21         (1)  The corporation shall submit to the Governor and

22  the Legislature, on or before July January 1 of each year, a

23  report on the status of the correctional work programs,

24  including, but not limited to, the proposed use of the profits

25  from such programs, a breakdown of the amount of noninmate

26  labor used, work subcontracted to other vendors, use of

27  consultants, finished goods purchased for resale, and the

28  number of inmates working in the correctional work programs at

29  the time of such report.  In addition, the corporation shall

30  submit to the department, the Governor, the Legislature, and

31  the Auditor General an annual financial audit report and such

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  1  other information as may be requested by the Legislature,

  2  together with recommendations relating to provisions for

  3  reasonable tax incentives to private enterprises which employ

  4  inmates, parolees, or former inmates who have participated in

  5  correctional work programs.

  6         Section 10.  Section 946.518, Florida Statutes, is

  7  amended to read:

  8         946.518  Sale of goods made by prisoners; when

  9  prohibited, when permitted.--Goods, wares, or merchandise

10  manufactured or mined in whole or in part by prisoners (except

11  prisoners on parole or probation) may not be sold or offered

12  for sale in this state by any person or by any federal

13  authority or state or political subdivision thereof; however,

14  this section does not forbid the sale, exchange, or

15  disposition of such goods within the limitations set forth in

16  s. 946.515, s. 946.523, or s. 946.524.

17         Section 11.  Section 946.520, Florida Statutes, is

18  amended to read:

19         946.520  Assignment of inmates by Department of

20  Corrections.--

21         (1)  The department shall exert its best efforts to

22  assign inmates to the corporation, or the private sector

23  business authorized under this part I of this chapter, who

24  have not less than 1 nor more than 5 years remaining before

25  their tentative release dates.  Beginning January 1, 1998, the

26  department shall maintain the assignment of at least 60

27  percent of inmates to all correctional work programs

28  collectively to the corporation, or to the private sector

29  business authorized under this part I of this chapter, who

30  have less than 10 years remaining before their tentative

31  release dates.  This 60-percent requirement does not apply to

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  1  any correctional work program, or private sector business

  2  authorized under this part I of this chapter, within an

  3  institution for any year in which, as of January 1 of that

  4  year, the average years remaining before the tentative release

  5  date of all inmates assigned to that institution exceeds 12

  6  years.

  7         (2)  The department may not remove an inmate once

  8  assigned to the corporation or to the private sector business

  9  authorized under this part I of this chapter, except upon

10  request of or consent of such corporation or private sector

11  business or for the purposes of population management, for

12  inmate conduct that may subject the inmate to disciplinary

13  confinement or loss of gain-time, or for security and safety

14  concerns specifically set forth in writing to the corporation

15  or private sector business.

16         Section 12.  Paragraph (f) of subsection (1) of section

17  957.04, Florida Statutes, is amended to read:

18         957.04  Contract requirements.--

19         (1)  A contract entered into under this chapter for the

20  operation of private correctional facilities shall maximize

21  the cost savings of such facilities and shall:

22         (f)  Require the contractor to be responsible for a

23  range of dental, medical, and psychological services; diet;

24  education; and work programs at least equal to those provided

25  by the department in comparable facilities. The work and

26  education programs must be designed to reduce recidivism, and

27  include opportunities to participate in such work programs as

28  authorized pursuant to s. 946.523 946.006.

29         Section 13.  This act shall take effect upon becoming a

30  law.

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  2                          SENATE SUMMARY

  3    Revises and clarifies provisions relating to correctional
      work programs operated by a private nonprofit
  4    corporation. (See bill for details.)

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