Senate Bill sb2254

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    Florida Senate - 2003                                  SB 2254

    By Senator Argenziano





    3-1396A-03

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Corrections; amending s. 944.091, F.S.;

  4         authorizing the department to contract with the

  5         Federal Government to house prisoners convicted

  6         in federal courts in this state; specifying

  7         conditions to be included in, and to be

  8         excluded from, such contracts; providing an

  9         effective date.

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

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13         Section 1.  Section 944.091, Florida Statutes, is

14  amended to read:

15         944.091  United States prisoners, board authorized.--

16         (1)  The department is authorized upon request to board

17  prisoners of the United States committed to their custody by

18  any agency of the United States if such prisoners have less

19  than 6 months remaining of their federal sentence, and if such

20  prisoners have family relationships or job opportunities in

21  this state, on a space-available basis only.  Daily

22  compensation for the board of such prisoners shall be paid at

23  a rate to be mutually agreed upon by the department and the

24  appropriate United States agency.  Such compensation is to

25  recover the total maintenance cost of such prisoners which

26  shall be not less than the average cost per inmate per day for

27  all inmates confined by the department.

28         (2)  The department, when proper and adequate

29  facilities and personnel are available, may contract with

30  proper officials of the United States to provide custody,

31  care, subsistence, education, treatment, and training for

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    Florida Senate - 2003                                  SB 2254
    3-1396A-03




 1  persons convicted of criminal offenses in the federal courts

 2  in this state.

 3         (a)  Any such contract must provide:

 4         1.  For reimbursing this state in full for all costs or

 5  expenses involved;

 6         2.  For the United States to receive, in exchange,

 7  persons convicted of criminal offenses in the courts of this

 8  state to serve their sentences in appropriate institutions or

 9  facilities of the United States, according to formulas or

10  conditions that are negotiated in the contract; or

11         3.  For the United States to compensate this state by

12  means of a combination of monetary payment and of receipt of

13  persons convicted of criminal offenses in the courts of this

14  state, according to formulas or conditions that are negotiated

15  in the contract.

16         (b)  Such a contract may not provide for this state to

17  receive more United States prisoners than are transferred to

18  United States custody under the contract.

19         (3)  Unless otherwise specifically provided in the

20  contract, a person committed to this state under this section

21  is subject to all the provisions of law and rule applicable to

22  persons committed for violations of laws of this state not

23  inconsistent with the sentence imposed.

24         Section 2.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                  SB 2254
    3-1396A-03




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 2                          SENATE SUMMARY

 3    Authorizes the Department of Corrections to contract with
      the Federal Government to accept custody of persons
 4    convicted in federal court in this state. Such contract
      may provide for direct compensation, for an exchange of
 5    state prisoners for federal prisoners, or for a
      combination, but, with respect to an exchange, the state
 6    may not be required to accept more prisoners than does
      the United States government in return. A person accepted
 7    into state custody is subject to state law and rule
      unless the contract provides otherwise.
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