HB 0713 2003
   
1 A bill to be entitled
2          An act relating to transportation of inmates; amending s.
3    945.091, F.S.; limiting the mode of transport an inmate
4    may use in traveling to and from a place of employment,
5    education, or training; authorizing the Department of
6    Corrections to transport inmates in state-owned vehicles
7    under certain circumstances; creating s. 945.0913, F.S.;
8    prohibiting an inmate from driving a state-owned vehicle
9    to transport inmates in a work-release program; providing
10    an effective date.
11         
12          Be It Enacted by the Legislature of the State of Florida:
13         
14          Section 1. Subsection (1) of section 945.091, Florida
15    Statutes, is amended to read:
16          945.091 Extension of the limits of confinement;
17    restitution by employed inmates.--
18          (1) The department may adopt rules permitting the
19    extension of the limits of the place of confinement of an inmate
20    as to whom there is reasonable cause to believe that the inmate
21    will honor his or her trust by authorizing the inmate, under
22    prescribed conditions and following investigation and approval
23    by the secretary, or the secretary's designee, who shall
24    maintain a written record of such action, to leave the confines
25    of that place unaccompanied by a custodial agent for a
26    prescribed period of time to:
27          (a) Visit, for a specified period, a specifically
28    designated place or places:
29          1. For the purpose of visiting a dying relative, attending
30    the funeral of a relative, or arranging for employment or for a
31    suitable residence for use when released;
32          2. To otherwise aid in the rehabilitation of the inmate
33    and his or her successful transition into the community; or
34          3. For another compelling reason consistent with the
35    public interest, and return to the same or another institution
36    or facility designated by the Department of Corrections.
37          (b) Work at paid employment, participate in an education
38    or a training program, or voluntarily serve a public or
39    nonprofit agency or faith-based service group in the community,
40    while continuing as an inmate of the institution or facility in
41    which the inmate is confined, except during the hours of his or
42    her employment, education, training, or service and traveling
43    thereto and therefrom. An inmate may travel to and from his or
44    her place of employment, education, or training only by means of
45    walking, bicycling, or using public transportation or
46    transportation that is provided by a family member or employer.
47    Contingent upon specific appropriations, the department may
48    transport an inmate in a state-owned vehicle if the inmate is
49    unable to obtain other means of travel to his or her place of
50    employment, education, or training.
51          1. An inmate may participate in paid employment only
52    during the last 36 months of his or her confinement, unless
53    sooner requested by the Parole Commission or the Control Release
54    Authority.
55          2. While working at paid employment and residing in the
56    facility, an inmate may apply for placement at a contracted
57    substance abuse transition housing program. The transition
58    assistance specialist shall inform the inmate of program
59    availability and assess the inmate's need and suitability for
60    transition housing assistance. If an inmate is approved for
61    placement, the specialist shall assist the inmate. If an inmate
62    requests and is approved for placement in a contracted faith-
63    based substance abuse transition housing program, the specialist
64    must consult with the chaplain prior to such placement. The
65    department shall ensure that an inmate's faith orientation, or
66    lack thereof, will not be considered in determining admission to
67    a faith-based program and that the program does not attempt to
68    convert an inmate toward a particular faith or religious
69    preference.
70          (c) Participate in a residential or nonresidential
71    rehabilitative program operated by a public or private nonprofit
72    agency, including faith-based service groups, with which the
73    department has contracted for the treatment of such inmate. The
74    provisions of ss. 216.311 and 287.057 shall apply to all
75    contracts between the department and any private entity
76    providing such services. The department shall require such
77    agency to provide appropriate supervision of inmates
78    participating in such program. The department is authorized to
79    terminate any inmate's participation in the program if such
80    inmate fails to demonstrate satisfactory progress in the program
81    as established by departmental rules.
82          Section 2. Section 945.0913, Florida Statutes, is created
83    to read:
84          945.0913 Inmates prohibited from driving state-owned
85    vehicles to transport inmates in a work-release program.--An
86    inmate may not drive a state-owned vehicle for the purpose of
87    transporting inmates who are participating in a work-release
88    program authorized in s. 945.091(1)(b).
89          Section 3. This act shall take effect October 1, 2003.