Senate Bill sb0408e1

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    CS for SB 408                            First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to investigations by the office

  3         of inspector general of the Department of

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

  5         providing for designation of certain persons as

  6         law enforcement officers and authorizing such

  7         persons to have certain powers and duties;

  8         amending s. 944.35, F.S.; revising provisions

  9         relating to use of force by department

10         employees and responsibility and guidelines for

11         investigations thereof; providing an effective

12         date.

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

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16         Section 1.  Section 944.31, Florida Statutes, is

17  amended to read:

18         944.31  Inspector general; inspectors; power and

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

20  inspection and investigation, internal affairs investigations,

21  and management reviews. The office of the inspector general

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

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

24  general shall inspect each correctional institution or any

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

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

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

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

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

30  and condition of the prisoners confined therein; and the

31  general conditions of each institution. The office of


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    CS for SB 408                            First Engrossed (ntc)



  1  inspector general shall see that all the rules and regulations

  2  issued by the department are strictly observed and followed by

  3  all persons connected with the correctional systems of the

  4  state.  The office of the inspector general shall coordinate

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

  6  inspector general and inspectors may enter any place where

  7  prisoners in this state are kept and shall be immediately

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

  9  confer with any prisoner privately and without molestation.

10  The inspector general and inspectors shall be responsible for

11  criminal and administrative investigation of matters relating

12  to the Department of Corrections. The secretary may designate

13  persons within the office of the inspector general as law

14  enforcement officers to conduct any criminal investigation

15  that occurs on property owned or leased by the department or

16  involves matters over which the department has jurisdiction.

17  A person designated as a law enforcement officer must be

18  certified pursuant to s. 943.1395 and must have a minimum of 3

19  years' experience as an inspector in the inspector general's

20  office or as a law enforcement officer.  The department shall

21  maintain a memorandum of understanding with the Department of

22  Law Enforcement for the notification and investigation of

23  mutually agreed-upon predicate events that shall include, but

24  are not limited to, suspicious deaths and organized criminal

25  activity. During In such investigations, the inspector general

26  and inspectors may consult and confer with any prisoner or

27  staff member privately and without molestation and persons

28  designated as law enforcement officers under this section

29  shall have the authority to arrest, with or without a warrant,

30  detain any prisoner of or visitor to a state correctional

31  institution person for a violation violations of the criminal


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    CS for SB 408                            First Engrossed (ntc)



  1  laws of the state involving an offense classified as a felony

  2  that occurs on property owned or leased by the department and

  3  may arrest offenders who have escaped or absconded from

  4  custody. Persons designated as law enforcement officers have

  5  the authority to arrest with or without a warrant a staff

  6  member of the department, including any contract employee, for

  7  a violation of the criminal laws of the state involving an

  8  offense classified as a felony under this chapter or chapter

  9  893 on property owned or leased by the department. A person

10  designated as a law enforcement officer under this section may

11  make arrests of persons against whom arrest warrants have been

12  issued, including arrests of offenders who have escaped or

13  absconded from custody. Such detention shall be made only on

14  properties owned or leased by the department, and The arrested

15  detained person shall be surrendered without delay to the

16  sheriff of the county in which the arrest detention is made,

17  with a formal complaint subsequently made against her or him

18  in accordance with law.

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

20  Statutes, is amended to read:

21         944.35  Authorized use of force; malicious battery and

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

23         (1)(a)  An employee of the department is authorized to

24  apply physical force upon an inmate only when and to the

25  extent that it reasonably appears necessary:

26         1.  To defend himself or herself or another against

27  such other imminent use of unlawful force;

28         2.  To prevent a person from escaping from a state

29  correctional institution when the officer reasonably believes

30  that person is lawfully detained in such institution;

31         3.  To prevent damage to property;


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    CS for SB 408                            First Engrossed (ntc)



  1         4.  To quell a disturbance;

  2         5.  To overcome physical resistance to a lawful

  3  command; or

  4         6.  To administer medical treatment only by or under

  5  the supervision of a physician or his or her designee and

  6  only:

  7         a.  When treatment is necessary to protect the health

  8  of other persons, as in the case of contagious or venereal

  9  diseases; or

10         b.  When treatment is offered in satisfaction of a duty

11  to protect the inmate against self-inflicted injury or death.

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13  As part of the correctional officer training program, the

14  Criminal Justice Standards and Training Commission shall

15  develop a course specifically designed to explain the

16  parameters of this subsection and to teach the proper methods

17  and techniques in applying authorized physical force upon an

18  inmate.

19         (b)  Following any use of force, a qualified health

20  care provider shall examine any person physically involved to

21  determine the extent of injury, if any, and shall prepare a

22  report which shall include, but not be limited to, a statement

23  of whether further examination by a physician is necessary.

24  Any noticeable physical injury shall be examined by a

25  physician, and the physician shall prepare a report

26  documenting the extent and probable cause of the injury and

27  the treatment prescribed.  Such report shall be completed

28  within 5 working days of the incident and shall be submitted

29  to the warden for appropriate investigation.

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

31  physical force or was responsible for making the decision to


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    CS for SB 408                            First Engrossed (ntc)



  1  apply physical force upon an inmate or an offender supervised

  2  by the department in the community pursuant to this subsection

  3  shall prepare, date, and sign an independent report within 1 5

  4  working day days of the incident. The report shall be

  5  delivered to the warden or the circuit regional administrator,

  6  who shall forward the report with all appropriate

  7  documentation to the office of the inspector general. The

  8  inspector general shall conduct a review and make

  9  recommendations regarding the appropriateness or

10  inappropriateness of the use of force. If the inspector

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

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

13  written determination of the appropriateness of the force used

14  and the reasons therefor, shall be forwarded to the circuit

15  administrator or warden upon completion of the review. If the

16  inspector general finds that the use of force was

17  inappropriate, the inspector general shall conduct a complete

18  investigation into the incident and forward the findings of

19  fact to the appropriate regional director for further action

20  have an investigation made and shall approve or disapprove the

21  force used. The employee's report, together with the warden's

22  or regional administrator's written approval or disapproval of

23  the force used and the reasons therefor, shall be forwarded

24  within 5 working days of the date of the completion of the

25  investigation to the regional director. The regional director

26  shall, in writing, concur in the warden's or regional

27  administrator's evaluation or disapprove it. Copies of the

28  employee's report, the warden's or regional administrator's

29  evaluation, and the inspector general's regional director's

30  review shall be kept in the files of the inmate or the

31  offender supervised by the department in the community. A


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    CS for SB 408                            First Engrossed (ntc)



  1  notation of each incident involving use of force and the

  2  outcome based on the inspector general's evaluation warden's

  3  or regional director's evaluation and the regional

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

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

  6  law.

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