| 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; authorizing the Department of |
| 20 | Corrections and the Department of Management Services to |
| 21 | enter into a master lease purchase agreement to finance |
| 22 | the acquisition, construction and equipping of specified |
| 23 | facilities in certain circumstances; providing for |
| 24 | payments; providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Correctional Work Program Council; creation; |
| 29 | members; powers and duties.-- |
| 30 | (1) The Correctional Work Program Council is established |
| 31 | within the Agency for Workforce Innovation. The purpose of the |
| 32 | council is to evaluate correctional work programs operating in |
| 33 | the state and to make findings and recommendations concerning |
| 34 | the practices and laws relating to correctional work programs. |
| 35 | The council shall serve in an advisory capacity to the |
| 36 | Legislature and the Governor. |
| 37 | (2) The council shall consist of the following eight |
| 38 | members: |
| 39 | (a) A person appointed by the Governor. |
| 40 | (b) A Senator appointed by the President of the Senate. |
| 41 | (c) A Representative appointed by the Speaker of the House |
| 42 | of Representatives. |
| 43 | (d) The Commissioner of Agriculture, or his or her |
| 44 | designee. |
| 45 | (e) The Chief Financial Officer, or his or her designee. |
| 46 | (f) The Attorney General, or his or her designee. |
| 47 | (g) The Secretary of Corrections. |
| 48 | (h) The chair of Prison Rehabilitative Industries and |
| 49 | Diversified Enterprises, Inc. |
| 50 | (3) The chair of the council shall be selected by the |
| 51 | members. The council is not subject to control, supervision, or |
| 52 | direction by the Agency for Workforce Innovation or the |
| 53 | Department of Corrections. |
| 54 | (4) The council shall hold its first meeting by September |
| 55 | 1, 2008. The council shall meet at least quarterly and at other |
| 56 | times at the call of the chair or as determined by a majority of |
| 57 | council members. A majority of the members of the council |
| 58 | constitutes a quorum. |
| 59 | (5) On or before January 15, 2009, the council shall |
| 60 | report its findings and recommendations to the Governor, the |
| 61 | President of the Senate, and the Speaker of the House of |
| 62 | Representatives. The findings and recommendations shall include, |
| 63 | but not be limited to: |
| 64 | (a) How the current correctional work programs created |
| 65 | under part II of chapter 946, Florida Statutes, operate. |
| 66 | (b) Whether the goals and objectives of the correctional |
| 67 | work programs fulfill a mission of vocational training and |
| 68 | rehabilitation for the inmates that participate in the |
| 69 | correctional work programs. |
| 70 | (c) Whether the correctional work programs have reduced |
| 71 | recidivism for participating inmates. |
| 72 | (d) Whether current work programs provide basic job skills |
| 73 | that enable participating ex-offenders to achieve meaningful |
| 74 | employment. |
| 75 | (e) Whether additional correctional work program |
| 76 | opportunities could be created and the legal and financial |
| 77 | considerations involved in creating such additional |
| 78 | opportunities. |
| 79 | (f) What services or products are currently produced by |
| 80 | the correctional work programs, and what additional services or |
| 81 | products could be developed, which could or should be purchased |
| 82 | by the state or other governmental bodies. |
| 83 | (g) How the Prison Industries Enhancement (PIE) programs |
| 84 | operate and whether to use PIE programs to establish a business |
| 85 | relationship between correctional work programs and private |
| 86 | industry. |
| 87 | (h) What are reasonable expectations for the growth of |
| 88 | correctional work programs, including the financial goal of |
| 89 | limited or no expenditures of state funds for such growth. |
| 90 | (i) What are the legal and economic impediments that exist |
| 91 | which discourage the growth of correctional work programs. |
| 92 | (j) What changes in current procedures or practices of the |
| 93 | Department of Corrections can be modified, changed, or otherwise |
| 94 | incorporated in order to assist the corporation in expanding |
| 95 | correctional work programs. |
| 96 | (k) Such other relevant matters relating to items listed |
| 97 | in this subsection. |
| 98 | (6) Members of the council shall serve without |
| 99 | compensation but are entitled to reimbursement for per diem and |
| 100 | travel expenses pursuant to s. 112.061, Florida Statutes. |
| 101 | Members shall be reimbursed from the budget of the entity |
| 102 | through which they serve. |
| 103 | (7) The Agency for Workforce Innovation shall provide |
| 104 | staff and administrative support to the council. |
| 105 | (8) The council shall cease to exist on June 30, 2009. |
| 106 | Section 2. Subsections (3) and (4) are added to section |
| 107 | 946.523, Florida Statutes, to read: |
| 108 | 946.523 Prison industry enhancement (PIE) programs.-- |
| 109 | (3) Effective September 30, 2008, or at any date after |
| 110 | September 30, 2008, as may be specified by the department, the |
| 111 | corporation will relinquish the Prison Industries Enhancement or |
| 112 | PIE certificate it now holds pursuant to 18 U.S.C. s. 1761 to |
| 113 | the department. The department shall thereafter exercise the |
| 114 | authority granted by this section. The department shall have all |
| 115 | powers necessary to comply with the federal statutes and the |
| 116 | Bureau of Justice Assistance guidelines for certifying programs |
| 117 | in accordance with the PIE certificate. |
| 118 | (4) The corporation and any entity operating under the PIE |
| 119 | certificate, in consultation with the department, shall deduct |
| 120 | amounts to be defined by the department, consistent with |
| 121 | applicable federal law and guidelines, from an inmate's gross |
| 122 | wages for taxes, room and board, family support, and victim's |
| 123 | compensation. Deductions for room and board taken by the |
| 124 | corporation or any entity operating under the PIE certificate |
| 125 | shall be deposited in the department's Correctional Work Program |
| 126 | Trust Fund. |
| 127 | Section 3. Section 946.510, Florida Statutes, is amended |
| 128 | to read: |
| 129 | 946.510 Insurance by Division of Risk Management.-- |
| 130 | (1) Pursuant to the applicable provisions of chapter 284, |
| 131 | the Division of Risk Management of the Department of Financial |
| 132 | Services is authorized to insure the corporation under the same |
| 133 | general terms and conditions as the Department of Corrections |
| 134 | was insured by the division prior to the corporation leasing the |
| 135 | correctional work programs as authorized by this chapter. |
| 136 | (2) Employees of the corporation shall be deemed employees |
| 137 | of the state for the purposes of chapter 440. |
| 138 | Section 4. The Department of Corrections and the |
| 139 | Department of Management Services are authorized to enter into a |
| 140 | master lease purchase agreement to finance the acquisition, |
| 141 | construction and equipping of work release beds and workcamp |
| 142 | beds in the event the authority for the design, building and |
| 143 | operation of such facilities is granted to the Department of |
| 144 | Corrections. Payments under the master lease purchase agreement |
| 145 | may commence prior to completion of the facilities. |
| 146 | Section 5. This act shall take effect July 1, 2008. |