Senate Bill sb0192c1

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    Florida Senate - 2006                            CS for SB 192

    By the Committee on Governmental Oversight and Productivity;
    and Senator Wise




    585-1749-06

  1                      A bill to be entitled

  2         An act relating to prison industries; creating

  3         the Prison Industries Task Force within the

  4         Office of Legislative Services; requiring the

  5         task force to determine how well the prison

  6         industries program has fulfilled its statutory

  7         mission and purpose; providing for the

  8         appointment of members to the task force;

  9         requiring the task force to hold a minimum

10         number of public meetings; providing that the

11         meetings and records of the task force are

12         subject to public-meetings requirements and the

13         public-records law; providing for members of

14         the task force to be reimbursed for per diem

15         and travel expenses; requiring the Legislative

16         Committee on Intergovernmental Relations to

17         provide staff support for the task force;

18         specifying the duties of the task force with

19         respect to taking testimony; requiring the task

20         force to submit a report to the Governor and

21         the Legislature; abolishing the task force on a

22         future date; amending s. 946.505, F.S.;

23         clarifying the state's reversionary interest in

24         the facilities, property, and assets of the

25         corporation operating a correctional work

26         program; providing an effective date.

27  

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

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30         Section 1.  Prison Industries Task Force.--

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    Florida Senate - 2006                            CS for SB 192
    585-1749-06




 1         (1)(a)  There is created within the Office of

 2  Legislative Services the Prison Industries Task Force to

 3  review how well PRIDE has fulfilled its statutory missions and

 4  purposes and whether the statutory missions of the prison

 5  industries program are feasible and relevant today and in the

 6  future.

 7         (b)  The task force shall consist of the following 13

 8  members:

 9         1.  The Secretary of Corrections, who shall serve as

10  chair, and two wardens of prisons that operate prison

11  industries programs;

12         2.  A representative from the Agency for Workforce

13  Innovation;

14         3.  A representative from the Office of Workforce

15  Education within the Department of Education;

16         4.  A member of the Senate, appointed by the President

17  of the Senate;

18         5.  A member of the House of Representatives, appointed

19  by the Speaker of the House of Representatives;

20         6.  A representative from the board of directors of the

21  private nonprofit prison industries corporation, as defined in

22  s. 946.503, Florida Statutes;

23         7.  A representative from a local governmental entity

24  that purchases products that are produced by prison

25  industries;

26         8.  A representative from a private industry that

27  regularly employs former inmates;

28         9.  A representative from a private industry that

29  regularly trains inmates;

30         10.  A representative from the academic community who

31  has expertise in research concerning the reentry of former

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    Florida Senate - 2006                            CS for SB 192
    585-1749-06




 1  prisoners into society and the employment of former felons;

 2  and

 3         11.  A former inmate who has worked in the prison

 4  industries program.

 5         (c)  The President of the Senate and the Speaker of the

 6  House of Representatives shall jointly appoint the members of

 7  the task force specified in subparagraphs (b)6.-11. by July 1,

 8  2006.

 9         (d)  The task force shall hold its first meeting by

10  July 15, 2006.

11         (e)  All recommendations of the task force shall be by

12  majority vote.

13         (f)  The task force shall meet at the call of the

14  chairperson and shall conduct at least three public meetings.

15         (g)  Meetings of the task force shall be open to the

16  public and are subject to the requirements of s. 286.011,

17  Florida Statutes. Records of the task force are public records

18  and subject to chapter 119, Florida Statutes, except to the

19  extent that public access to any of those records is

20  restricted by law.

21         (h)  Members of the task force shall serve without

22  compensation, but are entitled to reimbursement for per diem

23  and travel expenses in accordance with s. 112.061, Florida

24  Statutes.

25         (i)  The Legislative Committee on Intergovernmental

26  Relations shall provide staff support for the task force.

27         (2)(a)  The task force shall receive testimony from the

28  Auditor General, the Governor's Inspector General, the Office

29  of Program Policy Analysis and Government Accountability,

30  PRIDE, and other appropriate officials to address the

31  following:

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    Florida Senate - 2006                            CS for SB 192
    585-1749-06




 1         1.  Are the statutory missions of the prison industries

 2  program as defined in s. 946.501(2), Florida Statutes, still

 3  valid?

 4         2.  Should other valid missions be included within the

 5  program?

 6         3.  How do the current or recommended missions conflict

 7  with any other valid missions?

 8         4.  Should the missions be ranked in order of priority

 9  and, if so, to what extent can accomplishment of a

10  higher-priority mission be reduced in order to accomplish a

11  lower-priority mission?

12         5.  Is the method of addressing the legislative finding

13  in s. 946.501(3), Florida Statutes, which is that it is in the

14  best interest of the state, inmates, and the general public to

15  duplicate as closely as possible free-enterprise production

16  and service operations, also the most effective manner in

17  which to accomplish the missions of the prison industries

18  program?

19         6.  Should the structure for managing the correctional

20  work program be changed in order to facilitate accomplishing

21  the missions of the program?

22         7.  Is operating the prison industries program

23  independently of state government the most effective manner in

24  which to accomplish its valid mission?

25         8.  To what extent can PRIDE fulfill the legislative

26  intent stated in s. 946.502(6), Florida Statutes, which is

27  that prison industries programs use inmates in all levels of

28  custody, with specific emphasis on reducing idleness among

29  inmates in close custody?

30         9.  To what extent, if any, have privatization of

31  governmental functions and changing markets reduced sales by

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    Florida Senate - 2006                            CS for SB 192
    585-1749-06




 1  PRIDE or impeded its ability to expand prison industry

 2  training?

 3         10.  What creative strategies could enhance the prison

 4  industries program's ability to meet its valid missions?

 5         (b)  The task force shall submit a report of its

 6  findings and recommendations to the Governor, the President of

 7  the Senate, and the Speaker of the House of Representatives by

 8  February 15, 2007.

 9         (3)  All meetings of the task force and all business of

10  the task force for which reimbursement may be requested must

11  be concluded before the report is filed. The task force is

12  abolished July 1, 2007.

13         Section 2.  Subsection (1) of section 946.505, Florida

14  Statutes, is amended to read:

15         946.505  Reversion upon dissolution of corporation or

16  termination of lease.--

17         (1)  In the event the corporation is dissolved or its

18  lease of any correctional work program expires or is otherwise

19  terminated, all property relating to such correctional work

20  program which ceases to function because of such termination

21  or dissolution, including all buildings, land, furnishings,

22  equipment, and other chattels and assets, whether originally

23  leased from the department or, as well as any subsequently

24  constructed or otherwise acquired facilities in connection

25  with its continued operation of that program, automatically

26  reverts to full ownership by the department unless the

27  corporation intends to use utilize such property in another

28  correctional work program. Such a reversionary ownership

29  interest of the state in any and all such after-acquired

30  facilities, property, and assets by the corporation is in

31  furtherance of the goals established in s. 946.502(4), and

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    Florida Senate - 2006                            CS for SB 192
    585-1749-06




 1  such a present ownership interest by the state is a continuing

 2  and insurable state interest.

 3         Section 3.  This act shall take effect upon becoming a

 4  law.

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 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 192

 8                                 

 9  The amendment adopted in committee and incorporated into the
    committee substitute corrects errors noted in the original
10  bill analysis on the number and appointment of the council
    members.
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