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