| 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. |