House Bill hb0409

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    Florida House of Representatives - 2002                 HB 409

        By Representative Bilirakis






  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.

13

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

15

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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    Florida House of Representatives - 2002                 HB 409

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  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, without a warrant, detain

30  any person for a violation violations of the criminal laws of

31  the state involving an offense classified as a felony under

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    Florida House of Representatives - 2002                 HB 409

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  1  this chapter or chapter 893. A person designated as a law

  2  enforcement officer under this section may make arrests of

  3  persons against whom arrest warrants have been issued,

  4  including arrests of offenders who have escaped or absconded

  5  from custody. Such detention shall be made only on properties

  6  owned or leased by the department, and The arrested detained

  7  person shall be surrendered without delay to the sheriff of

  8  the county in which the arrest detention is made, with a

  9  formal complaint subsequently made against her or him in

10  accordance with law.

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

12  Statutes, is amended to read:

13         944.35  Authorized use of force; malicious battery and

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

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

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

17  extent that it reasonably appears necessary:

18         1.  To defend himself or herself or another against

19  such other imminent use of unlawful force;

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

21  correctional institution when the officer reasonably believes

22  that person is lawfully detained in such institution;

23         3.  To prevent damage to property;

24         4.  To quell a disturbance;

25         5.  To overcome physical resistance to a lawful

26  command; or

27         6.  To administer medical treatment only by or under

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

29  only:

30

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    Florida House of Representatives - 2002                 HB 409

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  1         a.  When treatment is necessary to protect the health

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

  3  diseases; or

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

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

  6

  7  As part of the correctional officer training program, the

  8  Criminal Justice Standards and Training Commission shall

  9  develop a course specifically designed to explain the

10  parameters of this subsection and to teach the proper methods

11  and techniques in applying authorized physical force upon an

12  inmate.

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

14  care provider shall examine any person physically involved to

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

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

17  of whether further examination by a physician is necessary.

18  Any noticeable physical injury shall be examined by a

19  physician, and the physician shall prepare a report

20  documenting the extent and probable cause of the injury and

21  the treatment prescribed.  Such report shall be completed

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

23  to the warden for appropriate investigation.

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

25  physical force or was responsible for making the decision to

26  apply physical force upon an inmate or an offender supervised

27  by the department in the community pursuant to this subsection

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

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

30  delivered to the warden or the circuit regional administrator,

31  who shall forward the report with all appropriate

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    Florida House of Representatives - 2002                 HB 409

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  1  documentation to the office of the inspector general. The

  2  inspector general shall conduct a review and make

  3  recommendations regarding the appropriateness or

  4  inappropriateness of the use of force. If the inspector

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

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

  7  written determination of the appropriateness of the force used

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

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

10  inspector general finds that the use of force was

11  inappropriate, the inspector general shall conduct a complete

12  investigation into the incident and forward the findings of

13  fact to the appropriate regional director for further action

14  have an investigation made and shall approve or disapprove the

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

16  or regional administrator's written approval or disapproval of

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

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

19  investigation to the regional director. The regional director

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

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

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

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

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

25  offender supervised by the department in the community. A

26  notation of each incident involving use of force and the

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

28  or regional director's evaluation and the regional

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

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

31  law.

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    Florida House of Representatives - 2002                 HB 409

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  2                          HOUSE SUMMARY

  3
      Revises provisions relating to the office of the
  4    inspector general of the Department of Corrections.
      Provides for designation of certain persons as law
  5    enforcement officers. Revises provisions relating to use
      of force by department employees and responsibility and
  6    guidelines for investigations thereof.

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