HB 1457

1
A bill to be entitled
2An act relating to inmates who are parents of minor
3children; providing legislative findings and intent with
4respect to the importance of an inmate maintaining a
5relationship with his or her minor child; requiring the
6Department of Corrections to collect certain information
7concerning the minor children of inmates in the state
8correctional system; requiring that the department analyze
9the institutional assignment of each inmate who is a
10parent and determine the inmate's proximity to his or her
11minor child; providing an exception if the court has
12restricted an inmate's contact with his or her child;
13amending s. 944.17, F.S.; requiring the department to
14consider an inmate's proximity to his or her minor child
15when transferring the inmate; amending s. 944.24, F.S.;
16requiring that a female inmate be assigned to a facility
17in as close proximity as possible to her minor child;
18providing an exception if the court has restricted the
19inmate's contact with the child; amending s. 944.8031,
20F.S.; revising legislative findings with respect to the
21need for an inmate to maintain relationships with his or
22her minor children; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Inmates who are parents of minor children.--
27     (1)  The Legislature finds that it is important that each
28inmate in the state correctional system maintain contact with
29each of his or her minor children through visitation in order to
30prepare the inmate to be reunited with his or her family upon
31release. Although the Department of Corrections may limit the
32activities of an inmate, the inmate may fulfill parental
33responsibilities through visits and telephone and mail
34communication with his or her family. The Legislature also finds
35that the support provided by an inmate's family can be an
36important resource in combating crime and reducing recidivism.
37     (2)  It is the intent of the Legislature that an inmate be
38assigned, whenever possible, to a correctional facility that is
39located within close proximity to where the inmate's child or
40children reside.
41     (3)(a)  The Department of Corrections shall collect
42information concerning the minor children of all inmates
43committed to the state correctional system. At a minimum, the
44information must include:
45     1.  The number of minor children of each inmate.
46     2.  The date of birth of each minor child.
47     3.  The residential address of each minor child.
48     4.  The custodial status of each minor child.
49     (b)  Based on the information provided in paragraph (a),
50the department shall annually analyze the institutional
51assignments of inmates in order to determine whether each inmate
52who is the parent of a minor child is being housed in an
53institution that is located within as close proximity as
54possible to where the minor child resides. The analysis must
55include mapping and distance calculations.
56     (4)  The department need not reassign an inmate to an
57institution located in close proximity to where the inmate's
58minor child resides if the court has restricted the inmate's
59contact with his or her minor child.
60     Section 2.  Subsection (7) of section 944.17, Florida
61Statutes, is amended to read:
62     944.17  Commitments and classification; transfers.--
63     (7)  Pursuant to such regulations as it may provide, the
64department may transfer prisoners from one institution to
65another institution in the correctional system and classify and
66reclassify prisoners as circumstances may require. In
67transferring a prisoner from one institution to another, the
68department shall consider, along with important security and
69medical considerations, whether the prisoner would benefit from
70being housed in close proximity to his or her minor children.
71     Section 3.  Subsection (7) is added to section 944.24,
72Florida Statutes, to read:
73     944.24  Administration of correctional institutions for
74women.--
75     (7)  Each woman inmate who has one or more minor children
76shall, whenever possible, be assigned to a correctional facility
77that is within close proximity to the child or children. This
78subsection does not apply if the court has restricted the
79inmate's contact with her child or children.
80     Section 4.  Subsection (1) of section 944.8031, Florida
81Statutes, is amended to read:
82     944.8031  Inmate's family visitation; legislative intent;
83minimum services provided to visitors; budget requests.--
84     (1)  The Legislature finds that maintaining an inmate's
85relationships with his or her family, minor children, and the
86community relationships through enhancing visitor services and
87programs and increasing the frequency and quality of the visits
88is an underutilized correctional resource that can improve an
89inmate's behavior in the correctional facility and, upon an
90inmate's release from a correctional facility, will help to
91reduce recidivism.
92     Section 5.  This act shall take effect October 1, 2005.


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