| 1 | A bill to be entitled |
| 2 | An act relating to discipline of state prisoners; amending |
| 3 | s. 944.279, F.S.; authorizing the Department of |
| 4 | Corrections to pursue disciplinary action against |
| 5 | prisoners who bring certain frivolous or malicious |
| 6 | collateral criminal actions; reenacting s. 944.28(2), |
| 7 | F.S., relating to forfeiture of gain-time, to conform; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 944.279, Florida Statutes, is amended |
| 13 | to read: |
| 14 | 944.279 Disciplinary procedures applicable to prisoner for |
| 15 | filing frivolous or malicious actions or bringing false |
| 16 | information before court.-- |
| 17 | (1) At any time, and upon its own motion or on motion of a |
| 18 | party, a court may conduct an inquiry into whether any action or |
| 19 | appeal brought by a prisoner was brought in good faith. A |
| 20 | prisoner who is found by a court to have brought a frivolous or |
| 21 | malicious suit, action, claim, proceeding, or appeal in any |
| 22 | court of this state or in any federal court, which is filed |
| 23 | after June 30, 1996, or a frivolous or malicious collateral |
| 24 | criminal action, which is filed after October 1, 2004, or who |
| 25 | knowingly or with reckless disregard for the truth brought false |
| 26 | information or evidence before the court, is subject to |
| 27 | disciplinary procedures pursuant to the rules of the Department |
| 28 | of Corrections. The court shall issue a written finding and |
| 29 | direct that a certified copy be forwarded to the appropriate |
| 30 | institution or facility for disciplinary procedures pursuant to |
| 31 | the rules of the department as provided in s. 944.09. |
| 32 | (2) This section does not apply to a criminal proceeding |
| 33 | or a collateral criminal proceeding. |
| 34 | (3) For purposes of this section, "prisoner" means a |
| 35 | person who is convicted of a crime and is incarcerated for that |
| 36 | crime or who is being held in custody pending extradition or |
| 37 | sentencing. |
| 38 | Section 2. Subsection (2) of section 944.28, Florida |
| 39 | Statutes, is reenacted to read: |
| 40 | 944.28 Forfeiture of gain-time and the right to earn gain- |
| 41 | time in the future.-- |
| 42 | (2)(a) All or any part of the gain-time earned by a |
| 43 | prisoner according to the provisions of law is subject to |
| 44 | forfeiture if such prisoner unsuccessfully attempts to escape; |
| 45 | assaults another person; threatens or knowingly endangers the |
| 46 | life or person of another person; refuses by action or word to |
| 47 | carry out any instruction duly given to him or her; neglects to |
| 48 | perform in a faithful, diligent, industrious, orderly, and |
| 49 | peaceful manner the work, duties, and tasks assigned to him or |
| 50 | her; is found by a court to have brought a frivolous suit, |
| 51 | action, claim, proceeding, or appeal in any court; is found by a |
| 52 | court to have knowingly or with reckless disregard for the truth |
| 53 | brought false information or evidence before the court; or |
| 54 | violates any law of the state or any rule or regulation of the |
| 55 | department or institution. |
| 56 | (b) A prisoner's right to earn gain-time during all or any |
| 57 | part of the remainder of the sentence or sentences under which |
| 58 | he or she is imprisoned may be declared forfeited because of the |
| 59 | seriousness of a single instance of misconduct or because of the |
| 60 | seriousness of an accumulation of instances of misconduct. |
| 61 | (c) The method of declaring a forfeiture under paragraph |
| 62 | (a) or paragraph (b) shall be as follows: A written charge shall |
| 63 | be prepared, which shall specify each instance of misconduct |
| 64 | upon which it is based and the approximate date thereof. A copy |
| 65 | of such charge shall be delivered to the prisoner, and he or she |
| 66 | shall be given notice of a hearing before the disciplinary |
| 67 | committee created under the authorization of rules heretofore or |
| 68 | hereafter adopted by the department for the institution in which |
| 69 | he or she is confined. The prisoner shall be present at the |
| 70 | hearing. If at such hearing the prisoner pleads guilty to the |
| 71 | charge or if the committee determines that the prisoner is |
| 72 | guilty thereof upon the basis of proof presented at such |
| 73 | hearing, it shall find him or her guilty. If the committee |
| 74 | considers that all or part of the prisoner's gain-time and the |
| 75 | prisoner's right to earn gain-time during all or any part of the |
| 76 | sentence or sentences under which he or she is imprisoned shall |
| 77 | be forfeited, it shall so recommend in its written report. Such |
| 78 | report shall be presented to the warden of the institution, who |
| 79 | may approve such recommendation in whole or in part by endorsing |
| 80 | such approval on the report. In the event of approval, the |
| 81 | warden shall forward the report to the department. Thereupon, |
| 82 | the department may, in its discretion, declare the forfeiture |
| 83 | thus approved by the warden or any specified part thereof. |
| 84 | Section 3. This act shall take effect October 1, 2004. |