Senate Bill sb1188

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    Florida Senate - 2006                                  SB 1188

    By Senator Wilson





    33-23A-06

  1                      A bill to be entitled

  2         An act relating to female inmates who are

  3         parents of minor children; providing

  4         legislative findings and intent with respect to

  5         the importance of a female inmate maintaining a

  6         relationship with her minor child; requiring

  7         the Department of Corrections to collect

  8         certain information concerning the children of

  9         female inmates in the state correctional

10         system; requiring the department to analyze the

11         institutional assignment of each female inmate

12         who is a parent and determine the inmate's

13         proximity to her minor child; providing an

14         exception if the court has restricted a female

15         inmate's contact with her child; amending s.

16         944.17, F.S.; requiring the department to

17         consider a female inmate's proximity to her

18         minor child when transferring the inmate;

19         amending s. 944.24, F.S.; requiring that a

20         female inmate be assigned to a facility in as

21         close proximity as possible to her minor child;

22         providing an exception if the court has

23         restricted the inmate's contact with the child;

24         amending s. 944.8031, F.S.; revising

25         legislative findings with respect to the need

26         for a female inmate to maintain relationships

27         with her minor children; providing an effective

28         date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

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    Florida Senate - 2006                                  SB 1188
    33-23A-06




 1         Section 1.  Female inmates who are parents of minor

 2  children; legislative findings and intent; institutional

 3  assignments; data collection.--

 4         (1)  The Legislature finds that it is important that

 5  each female inmate in the state correctional system maintain

 6  contact with her minor children through visitation in order to

 7  prepare the inmate to be reunited with her family upon

 8  release. Although the Department of Corrections may limit the

 9  activities of an inmate, the inmate may fulfill parental

10  responsibilities through visits and telephone and mail

11  communication with her family. The Legislature also finds that

12  the support provided by an inmate's family can be an important

13  resource in combating crime and reducing recidivism.

14         (2)  It is the intent of the Legislature that each

15  female inmate be assigned, whenever possible, to a

16  correctional facility that is located within close proximity

17  to where the inmate's children reside.

18         (3)(a)  The Department of Corrections shall collect

19  information concerning the minor children of female inmates

20  committed to the state correctional system. At a minimum, the

21  information must include:

22         1.  The number of minor children of each inmate.

23         2.  The date of birth of each minor child.

24         3.  The residential address for each minor child.

25         4.  The custodial status of each minor child.

26         (b)  The department shall annually analyze the

27  institutional assignments of female inmates to determine

28  whether each female inmate who is the parent of a minor child

29  is being housed in an institution that is located within as

30  close proximity as possible to where the minor child resides.

31  The analysis must include mapping and distance calculations.

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    Florida Senate - 2006                                  SB 1188
    33-23A-06




 1         (4)  The department need not reassign a female inmate

 2  to an institution located in close proximity to where the

 3  inmate's minor child resides if the court has restricted the

 4  inmate's contact with her minor child.

 5         Section 2.  Subsection (7) of section 944.17, Florida

 6  Statutes, is amended to read:

 7         944.17  Commitments and classification; transfers.--

 8         (7)  Pursuant to such regulations as it may provide,

 9  the department may transfer prisoners from one institution to

10  another institution in the correctional system and classify

11  and reclassify prisoners as circumstances may require. In

12  transferring a female prisoner from one institution to

13  another, the department shall consider, in addition to

14  security and medical considerations, whether the prisoner

15  would benefit from being housed in close proximity to her

16  minor children.

17         Section 3.  Subsection (7) is added to section 944.24,

18  Florida Statutes, to read:

19         944.24  Administration of correctional institutions for

20  women.--

21         (7)  Each female inmate who has a minor child shall,

22  whenever possible, be assigned to a correctional facility that

23  is within close proximity to the child. This subsection does

24  not apply if the court has restricted the inmate's contact

25  with her child.

26         Section 4.  Subsection (1) of section 944.8031, Florida

27  Statutes, is amended to read:

28         944.8031  Inmate's family visitation; legislative

29  intent; minimum services provided to visitors; budget

30  requests.--

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    Florida Senate - 2006                                  SB 1188
    33-23A-06




 1         (1)  The Legislature finds that maintaining a female an

 2  inmate's relationships with her family, minor children, and

 3  the community relationships through enhancing visitor services

 4  and programs and increasing the frequency and quality of the

 5  visits is an underutilized correctional resource that can

 6  improve an inmate's behavior in the correctional facility and,

 7  upon an inmate's release from a correctional facility, will

 8  help to reduce recidivism.

 9         Section 5.  This act shall take effect October 1, 2006.

10  

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12                          SENATE SUMMARY

13    Requires the Department of Corrections to collect certain
      information regarding the children of female inmates in
14    the state correctional system and to determine whether
      such inmates are in institutions as near to their
15    children as possible. Requires the department to consider
      a female inmate's proximity to her minor child when
16    transferring the inmate. Requires that female inmates be
      assigned to correctional facilities within close
17    proximity to their minor children and provides
      exceptions. Provides legislative findings and intent.
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