Senate Bill sb0408

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    Florida Senate - 2002                                   SB 408

    By Senator Crist





    13-406-02

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Corrections; amending s. 944.31, F.S.;

  4         authorizing the Secretary of Corrections to

  5         designate persons within the department's

  6         office of inspector general to conduct criminal

  7         investigations of certain incidents; requiring

  8         that the Department of Corrections maintain a

  9         memorandum of understanding with the Department

10         of Law Enforcement for purposes of such

11         investigations; authorizing an investigator of

12         the Department of Corrections to make arrests;

13         amending s. 944.35, F.S.; revising requirements

14         for department employees in reporting the use

15         of physical force; requiring that the

16         department's office of inspector general review

17         any use of force and make certain reports;

18         providing an effective date.

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

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22         Section 1.  Section 944.31, Florida Statutes, is

23  amended to read:

24         944.31  Inspector general; inspectors; power and

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

26  inspection and investigation, internal affairs investigations,

27  and management reviews. The office of the inspector general

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

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

30  general shall inspect each correctional institution or any

31  place in which state prisoners are housed, worked, or kept

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    Florida Senate - 2002                                   SB 408
    13-406-02




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

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

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

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

  5  and condition of the prisoners confined therein; and the

  6  general conditions of each institution. The office of

  7  inspector general shall see that all the rules and regulations

  8  issued by the department are strictly observed and followed by

  9  all persons connected with the correctional systems of the

10  state. The office of the inspector general shall coordinate

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

12  inspector general and inspectors may enter any place where

13  prisoners in this state are kept and shall be immediately

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

15  confer with any prisoner privately and without molestation.

16  The inspector general and inspectors shall be responsible for

17  criminal and administrative investigation of matters relating

18  to the Department of Corrections. The secretary may designate

19  a person within the office of inspector general as a law

20  enforcement officer for the purpose of conducting a criminal

21  investigation of any incident occurring on property owned or

22  leased by the department or involving a matter over which the

23  department has jurisdiction. A person designated as a law

24  enforcement officer pursuant to this section must be certified

25  under s. 943.1395 and have at least 3 years' experience as an

26  investigator with the office of inspector general or at least

27  3 years' experience as a law enforcement officer. The

28  department shall maintain a memorandum of understanding with

29  the Department of Law Enforcement for purposes of notifying

30  the Department of Law Enforcement and providing for the

31  investigation of mutually agreed-upon incidents, which may

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    Florida Senate - 2002                                   SB 408
    13-406-02




  1  include, but need not be limited to, suspicious deaths and

  2  major organized criminal activity. During In such

  3  investigations, the inspector general and inspectors may

  4  consult and confer with any prisoner or staff member privately

  5  and without molestation. A law enforcement officer designated

  6  under this section may arrest, without a warrant, any person

  7  who has committed a felony enumerated in this chapter or

  8  chapter 893, and may arrest an offender for any offense

  9  pursuant to a warrant, including an offender who has escaped

10  or absconded from custody. and shall have the authority to

11  detain any person for violations of the criminal laws of the

12  state. Such detention shall be made only on properties owned

13  or leased by the department, and The arrested detained person

14  shall be surrendered without delay to the sheriff of the

15  county in which the arrest detention is made, with a formal

16  complaint subsequently made against her or him in accordance

17  with law.

18         Section 2.  Subsection (2) of section 944.35, Florida

19  Statutes, is amended to read:

20         944.35  Authorized use of force; malicious battery and

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

22         (2)  Each employee of the department who either applies

23  physical force or who was responsible for making the decision

24  to apply physical force upon an inmate or an offender

25  supervised by the department in the community pursuant to this

26  subsection shall prepare, date, and sign an independent report

27  within 1 5 working day after days of the incident. The report

28  shall be delivered to the warden or the circuit administrator

29  regional administrator, who shall forward the report with all

30  appropriate documentation to the office of inspector general.

31  The inspector general shall conduct a review and make

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    Florida Senate - 2002                                   SB 408
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  1  recommendations regarding the appropriateness or

  2  inappropriateness of the use of force. If the inspector

  3  general finds that the use of force was appropriate, the

  4  employee's report, together with the inspector general's

  5  written determination of the appropriateness of force used and

  6  the reasons for the use of force, shall be forwarded to the

  7  circuit administrator or warden following completion of the

  8  review. If the inspector general finds that the use of force

  9  was inappropriate, the inspector general shall conduct a

10  complete investigation into the incident and forward the

11  findings of fact to the appropriate regional director for

12  further action. have an investigation made and shall approve

13  or disapprove the force used. The employee's report, together

14  with the warden's or regional administrator's written approval

15  or disapproval of the force used and the reasons therefor,

16  shall be forwarded within 5 working days of the date of the

17  completion of the investigation to the regional director. The

18  regional director shall, in writing, concur in the warden's or

19  regional administrator's evaluation or disapprove it. Copies

20  of the employee's report, the warden's or regional

21  administrator's evaluation, and the inspector general's

22  regional director's review shall be kept in the files of the

23  inmate or the offender supervised by the department in the

24  community. A notation of each incident involving use of force

25  and the outcome based on the inspector general's warden's or

26  regional director's evaluation and the regional

27  administrator's review shall be kept in the employee's file.

28         Section 3.  This act shall take effect upon becoming a

29  law.

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    Florida Senate - 2002                                   SB 408
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  2                          SENATE SUMMARY

  3    Provides for the Secretary of Corrections to designate
      persons within the department's office of inspector
  4    general as law enforcement officers for purposes of
      investigating certain incidents. Requires the Department
  5    of Corrections to maintain a memorandum of understanding
      with the Department of Law Enforcement for purposes of
  6    conducting investigations. Requires an employee of the
      Department of Corrections to report the use of physical
  7    force within 1 day after the incident rather than 5 days
      after the incident. Requires the department's office of
  8    inspector general to review any use of force, determine
      whether the use of force was appropriate, and make
  9    certain reports. (See bill for details.)

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