1 | The Criminal Justice Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to prison industries; creating the Prison |
7 | Industries Task Force within the Office of Legislative |
8 | Services; requiring the task force to determine how well |
9 | the prison industries program has fulfilled its statutory |
10 | mission and purpose; providing for the appointment of |
11 | members to the task force; requiring the task force to |
12 | hold a minimum number of meetings; providing for members |
13 | of the task force to be reimbursed for per diem and travel |
14 | expenses; requiring the Legislative Committee on |
15 | Intergovernmental Relations to provide staff support for |
16 | the task force; specifying the duties of the task force |
17 | with respect to taking testimony; requiring the task force |
18 | to submit a report to the Governor and the Legislature; |
19 | abolishing the task force on a future date; amending s. |
20 | 946.505, F.S.; clarifying the state's reversionary |
21 | interest in the facilities, property, and assets of the |
22 | corporation operating a correctional work program; |
23 | providing an effective date. |
24 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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27 | Section 1. Prison Industries Task Force.-- |
28 | (1)(a) There is created within the Office of Legislative |
29 | Services the Prison Industries Task Force to review how well |
30 | PRIDE has fulfilled its statutory missions and purposes and |
31 | whether the statutory missions of the prison industries program |
32 | are feasible and relevant today and in the future. |
33 | (b) The task force shall consist of the following 13 |
34 | members: |
35 | 1. The Secretary of Corrections, who shall serve as chair, |
36 | and two wardens of prisons that have prison industries programs; |
37 | 2. A representative from the Agency for Workforce |
38 | Innovation; |
39 | 3. A representative from the Office of Workforce Education |
40 | within the Department of Education; |
41 | 4. A member of the Senate, appointed by the President of |
42 | the Senate; |
43 | 5. A member of the House of Representatives, appointed by |
44 | the Speaker of the House of Representatives; |
45 | 6. A representative from the board of directors of the |
46 | private nonprofit prison industries corporation, as defined in |
47 | s. 946.503, Florida Statutes; |
48 | 7. A representative from a local governmental entity that |
49 | purchases products that are produced by prison industries; |
50 | 8. A representative from a private industry that regularly |
51 | employs former inmates; |
52 | 9. A representative from a private industry that regularly |
53 | trains inmates; |
54 | 10. A representative from the academic community who has |
55 | expertise in research concerning the reentry of former prisoners |
56 | into society and the employment of former felons; and |
57 | 11. A former inmate who has worked in the prison |
58 | industries program. |
59 | (c) The President of the Senate and the Speaker of the |
60 | House of Representatives shall jointly appoint the members of |
61 | the task force specified in subparagraphs (b)6.-11. by July 1, |
62 | 2006. |
63 | (d) The task force shall hold its first meeting by July |
64 | 15, 2006. |
65 | (e) All recommendations of the task force shall be by |
66 | majority vote. |
67 | (f) The task force shall meet at the call of the |
68 | chairperson and shall conduct at least three meetings. |
69 | (g) Members of the task force shall serve without |
70 | compensation, but are entitled to reimbursement for per diem and |
71 | travel expenses in accordance with s. 112.061, Florida Statutes. |
72 | (h) The Legislative Committee on Intergovernmental |
73 | Relations shall provide staff support for the task force. |
74 | (2)(a) The task force shall receive testimony from the |
75 | Auditor General, the Governor's Inspector General, the Office of |
76 | Program Policy Analysis and Government Accountability, PRIDE, |
77 | and other appropriate officials to address the following: |
78 | 1. Are the statutory missions of the prison industries |
79 | program as defined in s. 946.501(2), Florida Statutes, still |
80 | valid? |
81 | 2. Should other valid missions be included within the |
82 | program? |
83 | 3. How do the current or recommended missions conflict |
84 | with any other valid missions? |
85 | 4. Should the missions be ranked in order of priority and, |
86 | if so, to what extent can accomplishment of a higher-priority |
87 | mission be reduced in order to accomplish a lower-priority |
88 | mission? |
89 | 5. Is the method of addressing the legislative finding in |
90 | s. 946.501(3), Florida Statutes, which is that it is in the best |
91 | interest of the state, inmates, and the general public to |
92 | duplicate as closely as possible free-enterprise production and |
93 | service operations, also the most effective manner in which to |
94 | accomplish the missions of the prison industries program? |
95 | 6. Should the structure for managing the correctional work |
96 | program be changed in order to facilitate accomplishing the |
97 | missions of the program? |
98 | 7. Is operating the prison industries program |
99 | independently of state government the most effective manner in |
100 | which to accomplish its valid mission? |
101 | 8. To what extent can PRIDE fulfill the legislative intent |
102 | stated in s. 946.502(6), Florida Statutes, which is that prison |
103 | industries programs use inmates in all levels of custody, with |
104 | specific emphasis on reducing idleness among inmates in close |
105 | custody? |
106 | 9. To what extent, if any, have privatization of |
107 | governmental functions and changing markets reduced sales by |
108 | PRIDE or impeded its ability to expand prison industry training? |
109 | 10. What creative strategies could enhance the prison |
110 | industries program's ability to meet its valid missions? |
111 | (b) The task force shall submit a report of its findings |
112 | and recommendations to the Governor, the President of the |
113 | Senate, and the Speaker of the House of Representatives by |
114 | February 15, 2007. |
115 | (3) All meetings of the task force and all business of the |
116 | task force for which reimbursement may be requested must be |
117 | concluded before the report is filed. The task force is |
118 | abolished July 1, 2007. |
119 | Section 2. Subsection (1) of section 946.505, Florida |
120 | Statutes, is amended to read: |
121 | 946.505 Reversion upon dissolution of corporation or |
122 | termination of lease.-- |
123 | (1) In the event the corporation is dissolved or its lease |
124 | of any correctional work program expires or is otherwise |
125 | terminated, all property relating to such correctional work |
126 | program which ceases to function because of such termination or |
127 | dissolution, including all buildings, land, furnishings, |
128 | equipment, and other chattels and assets, whether originally |
129 | leased from the department or, as well as any subsequently |
130 | constructed or otherwise acquired facilities in connection with |
131 | its continued operation of that program, automatically reverts |
132 | to full ownership by the department unless the corporation |
133 | intends to use utilize such property in another correctional |
134 | work program. Such a reversionary ownership interest of the |
135 | state in any and all such after-acquired facilities, property, |
136 | and assets by the corporation is in furtherance of the goals |
137 | established in s. 946.502(4), and such a present ownership |
138 | interest by the state is a continuing and insurable state |
139 | interest. |
140 | Section 3. This act shall take effect upon becoming a law. |