Senate Bill sb1470

    Florida Senate - 2002                                  SB 1470

    By Senator Constantine





    9-578-02

  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 "custodian of the local

  5         jail"; 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 custodian

15  of the local jail or other person having custody of the

16  prisoner sheriff or chief correctional officer, or a

17  designated representative, to the officer in charge of the

18  reception process:

19         (a)  The uniform commitment and judgment and sentence

20  forms as described in subsection (4).

21         (b)  The sheriff's certificate as described in s.

22  921.161.

23         (c)  A certified copy of the indictment or information

24  relating to the offense for which the person was convicted.

25         (d)  A copy of the probable cause affidavit for each

26  offense identified in the current indictment or information.

27         (e)  A copy of the Criminal Punishment Code scoresheet

28  and any attachments thereto prepared pursuant to Rule 3.701,

29  Rule 3.702, or Rule 3.703, Florida Rules of Criminal

30  Procedure, or any other rule pertaining to the preparation of

31  felony sentencing scoresheets.

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    Florida Senate - 2002                                  SB 1470
    9-578-02




  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 custodian of the local

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    Florida Senate - 2002                                  SB 1470
    9-578-02




  1  jail sheriff or chief correctional officer shall notify the

  2  department of the location at which such person is serving

  3  such term of imprisonment and shall forward to the department

  4  the documents described in subsection (5).

  5         (8)  If a state prisoner's presence is required in

  6  court for any reason after the custodian of the local jail

  7  sheriff or chief correctional officer has relinquished custody

  8  to the department, the court shall issue an order for that

  9  person the sheriff or chief correctional officer to assume

10  temporary custody and transport the prisoner to the county

11  jail pending the court appearance.  The custodian of the local

12  jail sheriff or chief correctional officer, or a designated

13  representative, shall present a copy of the order to

14  appropriate officers at the facility housing the prisoner

15  prior to assuming temporary custody of the prisoner.  Neither

16  the court nor any other person the sheriff or chief

17  correctional officer may release such prisoner without first

18  obtaining confirmation from the department that the prisoner

19  has no commitments from other jurisdictions or outstanding

20  detainers.  It is the responsibility of the clerk of the

21  circuit court to provide the department's central office with

22  certified copies of each court action that affects a state

23  commitment.

24         Section 2.  This act shall take effect July 1, 2002.

25

26            *****************************************

27                          SENATE SUMMARY

28    Changes provisions relating to the transportation of
      prisoners from references to "sheriff" to "custodian of
29    the local jail."

30

31

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