| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Corrections; amending |
| 3 | s. 944.091, F.S.; authorizing the department to contract |
| 4 | with the Federal Government to house prisoners convicted |
| 5 | in federal courts in this state; specifying conditions to |
| 6 | be included in, and to be excluded from, such contracts; |
| 7 | providing circumstances under which federal prisoners are |
| 8 | subject to laws and rules applicable to persons committed |
| 9 | for violations of laws of this state; providing an |
| 10 | effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 944.091, Florida Statutes, is amended |
| 15 | to read: |
| 16 | 944.091 United States prisoners, board authorized.-- |
| 17 | (1) The department is authorized upon request to board |
| 18 | prisoners of the United States committed to their custody by any |
| 19 | agency of the United States if such prisoners have less than 6 |
| 20 | months remaining of their federal sentence, and if such |
| 21 | prisoners have family relationships or job opportunities in this |
| 22 | state, on a space-available basis only. Daily compensation for |
| 23 | the board of such prisoners shall be paid at a rate to be |
| 24 | mutually agreed upon by the department and the appropriate |
| 25 | United States agency. Such compensation is to recover the total |
| 26 | maintenance cost of such prisoners which shall be not less than |
| 27 | the average cost per inmate per day for all inmates confined by |
| 28 | the department. |
| 29 | (2) The department, when proper and adequate facilities |
| 30 | and personnel are available, may contract with the proper |
| 31 | officials of the United States to provide custody, care, |
| 32 | subsistence, education, treatment, and training for persons |
| 33 | convicted of criminal offenses in the federal courts in this |
| 34 | state. |
| 35 | (a) Any such contract must provide: |
| 36 | 1. For reimbursing this state in full for all costs and |
| 37 | expenses involved; |
| 38 | 2. For the United States to receive, in exchange, persons |
| 39 | convicted of criminal offenses in the courts of this state to |
| 40 | serve their sentences in appropriate institutions or facilities |
| 41 | of the United States, according to formulas or conditions that |
| 42 | are negotiated in the contract; or |
| 43 | 3. For the United States to compensate this state by means |
| 44 | of a combination of monetary payment and of receipt of persons |
| 45 | convicted of criminal offenses in the courts of this state, |
| 46 | according to formulas or conditions that are negotiated in the |
| 47 | contract. |
| 48 | (b) Such a contract may not provide for this state to |
| 49 | receive more United States prisoners than are transferred to |
| 50 | United States custody under the contract. |
| 51 | (3) Unless otherwise specifically provided in the |
| 52 | contract, a person committed to this state under this section is |
| 53 | subject to all the provisions of law and rule applicable to |
| 54 | persons committed for violations of laws of this state not |
| 55 | inconsistent with the sentence imposed. |
| 56 | Section 2. This act shall take effect July 1, 2004. |