1 | A bill to be entitled |
2 | An act relating to correctional work programs; creating |
3 | the Correctional Work Program Council; assigning the |
4 | council to the Agency for Workforce Innovation for |
5 | administrative purposes; providing a purpose for the |
6 | council; providing for membership of the council; |
7 | requiring that the council meet by a specified date; |
8 | requiring the council to present a report to the Governor |
9 | and the Legislature; providing requirements for the |
10 | findings and the recommendations; providing for future |
11 | expiration of the council; amending s. 946.523, F.S.; |
12 | requiring a prison industry enhancement certificate to be |
13 | relinquished to the Department of Corrections on a |
14 | specified date; providing for the deposit of deductions |
15 | from prison industry employee wages made after a specified |
16 | date; amending s. 946.510, F.S.; providing that employees |
17 | of the private nonprofit corporation operating prison |
18 | industries are deemed state employees for workers' |
19 | compensation purposes; providing an effective date. |
20 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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23 | Section 1. Correctional Work Program Council; creation; |
24 | members; powers and duties.-- |
25 | (1) The Correctional Work Program Council is established |
26 | within the Agency for Workforce Innovation. The purpose of the |
27 | council is to evaluate correctional work programs operating in |
28 | the state and to make findings and recommendations concerning |
29 | the practices and laws relating to correctional work programs. |
30 | The council shall serve in an advisory capacity to the |
31 | Legislature and the Governor. |
32 | (2) The council shall consist of the following eight |
33 | members: |
34 | (a) A person appointed by the Governor. |
35 | (b) A Senator appointed by the President of the Senate. |
36 | (c) A Representative appointed by the Speaker of the House |
37 | of Representatives. |
38 | (d) The Commissioner of Agriculture, or his or her |
39 | designee. |
40 | (e) The Chief Financial Officer, or his or her designee. |
41 | (f) The Attorney General, or his or her designee. |
42 | (g) The Secretary of Corrections. |
43 | (h) The chair of Prison Rehabilitative Industries and |
44 | Diversified Enterprises, Inc. |
45 | (3) The chair of the council shall be selected by the |
46 | members. The council is not subject to control, supervision, or |
47 | direction by the Agency for Workforce Innovation or the |
48 | Department of Corrections. |
49 | (4) The council shall hold its first meeting by September |
50 | 1, 2008. The council shall meet at least quarterly and at other |
51 | times at the call of the chair or as determined by a majority of |
52 | council members. A majority of the members of the council |
53 | constitutes a quorum. |
54 | (5) On or before January 15, 2009, the council shall |
55 | report its findings and recommendations to the Governor, the |
56 | President of the Senate, and the Speaker of the House of |
57 | Representatives. The findings and recommendations shall include, |
58 | but not be limited to: |
59 | (a) How the current correctional work programs created |
60 | under part II of chapter 946, Florida Statutes, operate. |
61 | (b) Whether the goals and objectives of the correctional |
62 | work programs fulfill a mission of vocational training and |
63 | rehabilitation for the inmates that participate in the |
64 | correctional work programs. |
65 | (c) Whether the correctional work programs have reduced |
66 | recidivism for participating inmates. |
67 | (d) Whether current work programs provide basic job skills |
68 | that enable participating ex-offenders to achieve meaningful |
69 | employment. |
70 | (e) Whether additional correctional work program |
71 | opportunities could be created and the legal and financial |
72 | considerations involved in creating such additional |
73 | opportunities. |
74 | (f) What services or products are currently produced by |
75 | the correctional work programs, and what additional services or |
76 | products could be developed, which could or should be purchased |
77 | by the state or other governmental bodies. |
78 | (g) How the Prison Industries Enhancement (PIE) programs |
79 | operate and whether to use PIE programs to establish a business |
80 | relationship between correctional work programs and private |
81 | industry. |
82 | (h) What are reasonable expectations for the growth of |
83 | correctional work programs, including the financial goal of |
84 | limited or no expenditures of state funds for such growth. |
85 | (i) What are the legal and economic impediments that exist |
86 | which discourage the growth of correctional work programs. |
87 | (j) What changes in current procedures or practices of the |
88 | Department of Corrections can be modified, changed, or otherwise |
89 | incorporated in order to assist the corporation in expanding |
90 | correctional work programs. |
91 | (k) Such other relevant matters relating to items listed |
92 | in this subsection. |
93 | (6) Members of the council shall serve without |
94 | compensation but are entitled to reimbursement for per diem and |
95 | travel expenses pursuant to s. 112.061, Florida Statutes. |
96 | Members shall be reimbursed from the budget of the entity |
97 | through which they serve. |
98 | (7) The Agency for Workforce Innovation shall provide |
99 | staff and administrative support to the council. |
100 | (8) The council shall cease to exist on June 30, 2009. |
101 | Section 2. Subsections (3) and (4) are added to section |
102 | 946.523, Florida Statutes, to read: |
103 | 946.523 Prison industry enhancement (PIE) programs.-- |
104 | (3) Effective September 30, 2008, or at any date after |
105 | September 30, 2008, as may be specified by the department, the |
106 | corporation will relinquish the Prison Industries Enhancement or |
107 | PIE certificate it now holds pursuant to 18 U.S.C. s. 1761 to |
108 | the department. The department shall thereafter exercise the |
109 | authority granted by this section. The department shall have all |
110 | powers necessary to comply with the federal statutes and the |
111 | Bureau of Justice Assistance guidelines for certifying programs |
112 | in accordance with the PIE certificate. |
113 | (4) The corporation and any entity operating under the PIE |
114 | certificate, in consultation with the department, shall deduct |
115 | amounts to be defined by the department, consistent with |
116 | applicable federal law and guidelines, from an inmate's gross |
117 | wages for taxes, room and board, family support, and victim's |
118 | compensation. Deductions for room and board taken by the |
119 | corporation or any entity operating under the PIE certificate |
120 | shall be deposited in the department's Correctional Work Program |
121 | Trust Fund. |
122 | Section 3. Section 946.510, Florida Statutes, is amended |
123 | to read: |
124 | 946.510 Insurance by Division of Risk Management.-- |
125 | (1) Pursuant to the applicable provisions of chapter 284, |
126 | the Division of Risk Management of the Department of Financial |
127 | Services is authorized to insure the corporation under the same |
128 | general terms and conditions as the Department of Corrections |
129 | was insured by the division prior to the corporation leasing the |
130 | correctional work programs as authorized by this chapter. |
131 | (2) Employees of the corporation shall be deemed employees |
132 | of the state for the purposes of chapter 440. |
133 | Section 4. This act shall take effect July 1, 2008. |