Senate Bill sb0338
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    Florida Senate - 2007                                   SB 338
    By Senator Wilson
    33-26-07
  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 as near
21         as possible to her minor child; providing an
22         exception if the court has restricted the
23         inmate's contact with the child; amending s.
24         944.8031, F.S.; revising legislative findings
25         with respect to the benefit of fostering
26         relationships between a female inmate and her
27         minor children; providing an effective date.
28  
29  Be It Enacted by the Legislature of the State of Florida:
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 338
    33-26-07
 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 in close proximity to
17  the residence of the inmate's children.
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 in close
30  proximity to the residence of the minor child. The analysis
31  must include mapping and distance calculations.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 338
    33-26-07
 1         (4)  The department need not reassign a female inmate
 2  to an institution located in close proximity to the residence
 3  of the inmate's minor child 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 child.
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 in close proximity to the child. This subsection does not
24  apply if the court has restricted the inmate's contact with
25  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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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 338
    33-26-07
 1         (1)  The Legislature finds that maintaining an inmate's
 2  family and community relationships, and fostering the
 3  relationship between a female inmate and her minor child,
 4  through enhancing visitor services and programs and increasing
 5  the frequency and quality of the visits is an underused
 6  underutilized correctional resource that can improve an
 7  inmate's behavior in the correctional facility and, upon an
 8  inmate's release from a correctional facility, will help to
 9  reduce recidivism.
10         Section 5.  This act shall take effect October 1, 2007.
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13                          SENATE SUMMARY
14    Requires the Department of Corrections to collect certain
      information regarding the children of female inmates in
15    the state correctional system and to determine whether
      such inmates are in institutions as near to their
16    children as possible. Requires the department to consider
      a female inmate's proximity to her minor child when
17    transferring the inmate. Requires that female inmates be
      assigned to correctional facilities near their minor
18    children and provides exceptions. Provides legislative
      findings and intent.
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CODING: Words stricken are deletions; words underlined are additions.