Senate Bill sb1128
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Florida Senate - 2005 SB 1128
By Senator Wilson
33-888-05
1 A bill to be entitled
2 An act relating to inmates who are parents of
3 minor children; providing legislative findings
4 and intent with respect to the importance of an
5 inmate maintaining a relationship with his or
6 her minor child; requiring the Department of
7 Corrections to collect certain information
8 concerning the children of inmates in the state
9 correctional system; requiring that the
10 department analyze the institutional assignment
11 of each inmate who is a parent and determine
12 the inmate's proximity to his or her minor
13 child; providing an exception if the court has
14 restricted an inmate's contact with his or her
15 child; amending s. 944.17, F.S.; requiring the
16 department to consider an inmate's proximity to
17 his or her minor child when transferring the
18 inmate; amending s. 944.24, F.S.; requiring
19 that a female inmate be assigned to a facility
20 in as close proximity as possible to her minor
21 child; providing an exception if the court has
22 restricted the inmate's contact with the child;
23 amending s. 944.8031, F.S.; revising
24 legislative findings with respect to the need
25 for an inmate to maintain relationships with
26 his or her minor children; providing an
27 effective date.
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29 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2005 SB 1128
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1 Section 1. Inmates who are parents of minor children;
2 legislative findings and intent; institutional assignments;
3 data collection.--
4 (1) The Legislature finds that it is important that
5 each inmate in the state correctional system maintain contact
6 with each of his or her minor children through visitation in
7 order to prepare the inmate to be reunited with his or her
8 family upon release. Although the Department of Corrections
9 may limit the activities of an inmate, the inmate may fulfill
10 parental responsibilities through visits and telephone and
11 mail communication with his or her family. The Legislature
12 also finds that the support provided by an inmate's family can
13 be an important resource in combating crime and reducing
14 recidivism.
15 (2) It is the intent of the Legislature that an inmate
16 be assigned, whenever possible, to a correctional facility
17 that is located within close proximity to where the inmate's
18 child or children reside.
19 (3)(a) The Department of Corrections shall collect
20 information concerning the minor children of all inmates
21 committed to the state correctional system. At a minimum, the
22 information must include:
23 1. The number of minor children of each inmate.
24 2. The date of birth of each minor child.
25 3. The residential address for each minor child.
26 4. The custodial status of each minor child.
27 (b) Based on the information provided in paragraph
28 (a), the department shall annually analyze the institutional
29 assignments of inmates in order to determine whether each
30 inmate who is the parent of a minor child is being housed in
31 an institution that is located within as close proximity as
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Florida Senate - 2005 SB 1128
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1 possible to where the minor child resides. The analysis must
2 include mapping and distance calculations.
3 (4) The department need not reassign an inmate to an
4 institution located in close proximity to where the inmate's
5 minor child resides if the court has restricted the inmate's
6 contact with his or her minor child.
7 Section 2. Subsection (7) of section 944.17, Florida
8 Statutes, is amended to read:
9 944.17 Commitments and classification; transfers.--
10 (7) Pursuant to such regulations as it may provide,
11 the department may transfer prisoners from one institution to
12 another institution in the correctional system and classify
13 and reclassify prisoners as circumstances may require. In
14 transferring a prisoner from one institution to another, the
15 department shall consider, along with important security and
16 medical considerations, whether the prisoner would benefit
17 from being housed in close proximity to his or her minor
18 children.
19 Section 3. Subsection (7) is added to section 944.24,
20 Florida Statutes, to read:
21 944.24 Administration of correctional institutions for
22 women.--
23 (7) Each woman inmate who has one or more minor
24 children shall, whenever possible, be assigned to a
25 correctional facility that is within close proximity to the
26 child or children. This subsection does not apply if the court
27 has restricted the inmate's contact with her child.
28 Section 4. Subsection (1) of section 944.8031, Florida
29 Statutes, is amended to read:
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Florida Senate - 2005 SB 1128
33-888-05
1 944.8031 Inmate's family visitation; legislative
2 intent; minimum services provided to visitors; budget
3 requests.--
4 (1) The Legislature finds that maintaining an inmate's
5 relationships with his or her family, minor children, and the
6 community relationships through enhancing visitor services and
7 programs and increasing the frequency and quality of the
8 visits is an underutilized correctional resource that can
9 improve an inmate's behavior in the correctional facility and,
10 upon an inmate's release from a correctional facility, will
11 help to reduce recidivism.
12 Section 5. This act shall take effect October 1, 2005.
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15 SENATE SUMMARY
16 Requires that the Department of Corrections collect
information concerning each inmate's minor children and
17 annually determine whether an inmate who is the parent of
a minor child is being housed in close proximity to his
18 or her child. Requires that the department consider the
location of an inmate's child or children when
19 transferring an inmate and when assigning a female inmate
to a facility. Provides for exceptions if the court has
20 restricted an inmate's contact with his or her minor
child.
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CODING: Words stricken are deletions; words underlined are additions.