Senate Bill sb1518c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1518
By the Committee on Criminal Justice and Senator Constantine
307-1780-01
1 A bill to be entitled
2 An act relating to transportation of prisoners;
3 amending s. 944.17, F.S.; changing references
4 from "sheriff" to "chief correctional officer";
5 providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsections (5), (6), and (8) of section
10 944.17, Florida Statutes, are amended to read:
11 944.17 Commitments and classification; transfers.--
12 (5) The department shall also refuse to accept a
13 person into the state correctional system unless the following
14 documents are presented in a completed form by the sheriff or
15 chief correctional officer, or a designated representative, to
16 the officer in charge of the reception process:
17 (a) The uniform commitment and judgment and sentence
18 forms as described in subsection (4).
19 (b) The sheriff's certificate as described in s.
20 921.161.
21 (c) A certified copy of the indictment or information
22 relating to the offense for which the person was convicted.
23 (d) A copy of the probable cause affidavit for each
24 offense identified in the current indictment or information.
25 (e) A copy of the Criminal Punishment Code scoresheet
26 and any attachments thereto prepared pursuant to Rule 3.701,
27 Rule 3.702, or Rule 3.703, Florida Rules of Criminal
28 Procedure, or any other rule pertaining to the preparation of
29 felony sentencing scoresheets.
30
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1518
307-1780-01
1 (f) A copy of the restitution order or the reasons by
2 the court for not requiring restitution pursuant to s.
3 775.089(1).
4 (g) The name and address of any victim, if available.
5 (h) A printout of a current criminal history record as
6 provided through an FCIC/NCIC printer.
7 (i) Any available health assessments including
8 medical, mental health, and dental, including laboratory or
9 test findings; custody classification; disciplinary and
10 adjustment; and substance abuse assessment and treatment
11 information which may have been developed during the period of
12 incarceration prior to the transfer of the person to the
13 department's custody. Available information shall be
14 transmitted on standard forms developed by the department.
15
16 In addition, the person sheriff or other officer having such
17 person in charge shall also deliver with the foregoing
18 documents any available presentence investigation reports as
19 described in s. 921.231 and any attached documents. After a
20 prisoner is admitted into the state correctional system, the
21 department may request such additional records relating to the
22 prisoner as it considers necessary from the clerk of the
23 court, the Department of Children and Family Services, or any
24 other state or county agency for the purpose of determining
25 the prisoner's proper custody classification, gain-time
26 eligibility, or eligibility for early release programs. An
27 agency that receives such a request from the department must
28 provide the information requested.
29 (6) If a person is sentenced by a circuit court to
30 serve a term of imprisonment concurrently with a term being
31 served in another jurisdiction, the sheriff or chief
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1518
307-1780-01
1 correctional officer shall notify the department of the
2 location at which such person is serving such term of
3 imprisonment and shall forward to the department the documents
4 described in subsection (5).
5 (8) If a state prisoner's presence is required in
6 court for any reason after the sheriff or chief correctional
7 officer has relinquished custody to the department, the court
8 shall issue an order for that person the sheriff or chief
9 correctional officer to assume temporary custody and transport
10 the prisoner to the county jail pending the court appearance.
11 The sheriff or chief correctional officer, or a designated
12 representative, shall present a copy of the order to
13 appropriate officers at the facility housing the prisoner
14 prior to assuming temporary custody of the prisoner. Neither
15 the court nor any other person the sheriff or chief
16 correctional officer may release such prisoner without first
17 obtaining confirmation from the department that the prisoner
18 has no commitments from other jurisdictions or outstanding
19 detainers. It is the responsibility of the clerk of the
20 circuit court to provide the department's central office with
21 certified copies of each court action that affects a state
22 commitment.
23 Section 2. This act shall take effect July 1, 2001.
24
25 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
26 Senate Bill 1518
27
28 Deletes references to "sheriff" as the person primarily
responsible for assembling documents pertinent to those
29 prisoners being transported between the local detention system
to the prison system. The statute would hereafter specify the
30 "chief correctional officer," who may well be the sheriff, if
so designated by the county.
31
3
CODING: Words stricken are deletions; words underlined are additions.