HB 1895

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


CODING: Words stricken are deletions; words underlined are additions.