CS/HB 1213

1
A bill to be entitled
2An act relating to correctional work programs; creating
3the Correctional Work Program Council; assigning the
4council to the Agency for Workforce Innovation for
5administrative purposes; providing a purpose for the
6council; providing for membership of the council;
7requiring that the council meet by a specified date;
8requiring the council to present a report to the Governor
9and the Legislature; providing requirements for the
10findings and the recommendations; providing for future
11expiration of the council; amending s. 946.523, F.S.;
12requiring a prison industry enhancement certificate to be
13relinquished to the Department of Corrections on a
14specified date; providing for the deposit of deductions
15from prison industry employee wages made after a specified
16date; amending s. 946.510, F.S.; providing that employees
17of the private nonprofit corporation operating prison
18industries are deemed state employees for workers'
19compensation purposes; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Correctional Work Program Council; creation;
24members; powers and duties.--
25     (1)  The Correctional Work Program Council is established
26within the Agency for Workforce Innovation. The purpose of the
27council is to evaluate correctional work programs operating in
28the state and to make findings and recommendations concerning
29the practices and laws relating to correctional work programs.
30The council shall serve in an advisory capacity to the
31Legislature and the Governor.
32     (2)  The council shall consist of the following eight
33members:
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
37of Representatives.
38     (d)  The Commissioner of Agriculture, or his or her
39designee.
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
44Diversified Enterprises, Inc.
45     (3)  The chair of the council shall be selected by the
46members. The council is not subject to control, supervision, or
47direction by the Agency for Workforce Innovation or the
48Department of Corrections.
49     (4)  The council shall hold its first meeting by September
501, 2008. The council shall meet at least quarterly and at other
51times at the call of the chair or as determined by a majority of
52council members. A majority of the members of the council
53constitutes a quorum.
54     (5)  On or before January 15, 2009, the council shall
55report its findings and recommendations to the Governor, the
56President of the Senate, and the Speaker of the House of
57Representatives. The findings and recommendations shall include,
58but not be limited to:
59     (a)  How the current correctional work programs created
60under part II of chapter 946, Florida Statutes, operate.
61     (b)  Whether the goals and objectives of the correctional
62work programs fulfill a mission of vocational training and
63rehabilitation for the inmates that participate in the
64correctional work programs.
65     (c)  Whether the correctional work programs have reduced
66recidivism for participating inmates.
67     (d)  Whether current work programs provide basic job skills
68that enable participating ex-offenders to achieve meaningful
69employment.
70     (e)  Whether additional correctional work program
71opportunities could be created and the legal and financial
72considerations involved in creating such additional
73opportunities.
74     (f)  What services or products are currently produced by
75the correctional work programs, and what additional services or
76products could be developed, which could or should be purchased
77by the state or other governmental bodies.
78     (g)  How the Prison Industries Enhancement (PIE) programs
79operate and whether to use PIE programs to establish a business
80relationship between correctional work programs and private
81industry.
82     (h)  What are reasonable expectations for the growth of
83correctional work programs, including the financial goal of
84limited or no expenditures of state funds for such growth.
85     (i)  What are the legal and economic impediments that exist
86which discourage the growth of correctional work programs.
87     (j)  What changes in current procedures or practices of the
88Department of Corrections can be modified, changed, or otherwise
89incorporated in order to assist the corporation in expanding
90correctional work programs.
91     (k)  Such other relevant matters relating to items listed
92in this subsection.
93     (6)  Members of the council shall serve without
94compensation but are entitled to reimbursement for per diem and
95travel expenses pursuant to s. 112.061, Florida Statutes.
96Members shall be reimbursed from the budget of the entity
97through which they serve.
98     (7)  The Agency for Workforce Innovation shall provide
99staff 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
102946.523, Florida Statutes, to read:
103     946.523  Prison industry enhancement (PIE) programs.--
104     (3)  Effective September 30, 2008, or at any date after
105September 30, 2008, as may be specified by the department, the
106corporation will relinquish the Prison Industries Enhancement or
107PIE certificate it now holds pursuant to 18 U.S.C. s. 1761 to
108the department. The department shall thereafter exercise the
109authority granted by this section. The department shall have all
110powers necessary to comply with the federal statutes and the
111Bureau of Justice Assistance guidelines for certifying programs
112in accordance with the PIE certificate.
113     (4)  The corporation and any entity operating under the PIE
114certificate, in consultation with the department, shall deduct
115amounts to be defined by the department, consistent with
116applicable federal law and guidelines, from an inmate's gross
117wages for taxes, room and board, family support, and victim's
118compensation. Deductions for room and board taken by the
119corporation or any entity operating under the PIE certificate
120shall be deposited in the department's Correctional Work Program
121Trust Fund.
122     Section 3.  Section 946.510, Florida Statutes, is amended
123to read:
124     946.510  Insurance by Division of Risk Management.--
125     (1)  Pursuant to the applicable provisions of chapter 284,
126the Division of Risk Management of the Department of Financial
127Services is authorized to insure the corporation under the same
128general terms and conditions as the Department of Corrections
129was insured by the division prior to the corporation leasing the
130correctional work programs as authorized by this chapter.
131     (2)  Employees of the corporation shall be deemed employees
132of the state for the purposes of chapter 440.
133     Section 4.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.