Florida Senate - 2008 (Reformatted) SB 144

By Senator Wilson

33-00076-08 2008144__

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A bill to be entitled

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An act relating to female inmates who are parents of minor

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children; providing legislative findings and intent with

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respect to the importance of a female inmate maintaining a

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relationship with her minor child; requiring the

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Department of Corrections to collect certain information

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concerning the children of female inmates in the state

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correctional system; requiring the department to analyze

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the institutional assignment of each female inmate who is

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a parent and determine the inmate's proximity to her minor

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child; providing an exception if the court has restricted

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a female inmate's contact with her child; amending s.

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944.17, F.S.; requiring the department to consider a

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female inmate's proximity to her minor child when

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transferring the inmate; amending s. 944.24, F.S.;

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requiring that a female inmate be assigned to a facility

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as near as possible to her minor child; providing an

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exception if the court has restricted the inmate's contact

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with the child; amending s. 944.8031, F.S.; revising

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legislative findings with respect to the benefit of

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fostering relationships between a female inmate and her

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minor children; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Female inmates who are parents of minor

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children; legislative findings and intent; institutional

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assignments; data collection.--

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     (1) The Legislature finds that it is important that each

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female inmate in the state correctional system maintain contact

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with her minor children through visitation in order to prepare

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the inmate to be reunited with her family upon release. Although

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the Department of Corrections may limit the activities of an

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inmate, the inmate may fulfill parental responsibilities through

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visits and telephone and mail communication with her family. The

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Legislature also finds that the support provided by an inmate's

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family can be an important resource in combating crime and

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reducing recidivism.

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     (2) It is the intent of the Legislature that each female

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inmate be assigned, whenever possible, to a correctional facility

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that is located in close proximity to the residence of the

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inmate's children.

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     (3)(a) The Department of Corrections shall collect

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information concerning the minor children of female inmates

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committed to the state correctional system. At a minimum, the

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information must include:

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     1. The number of minor children of each inmate.

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     2. The date of birth of each minor child.

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     3. The residential address for each minor child.

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     4. The custodial status of each minor child.

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     (b) The department shall annually analyze the institutional

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assignments of female inmates to determine whether each female

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inmate who is the parent of a minor child is being housed in an

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institution that is located in close proximity to the residence

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of the minor child. The analysis must include mapping and

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distance calculations.

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     (4) The department need not reassign a female inmate to an

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institution located in close proximity to the residence of the

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inmate's minor child if the court has restricted the inmate's

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contact with her minor child.

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     Section 2.  Subsection (7) of section 944.17, Florida

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Statutes, is amended to read:

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     944.17  Commitments and classification; transfers.--

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     (7)  Pursuant to such regulations as it may provide, the

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department may transfer prisoners from one institution to another

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institution in the correctional system and classify and

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reclassify prisoners as circumstances may require. In

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transferring a female prisoner from one institution to another,

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the department shall consider, in addition to security and

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medical considerations, whether the prisoner would benefit from

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being housed in close proximity to her minor child.

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     Section 3.  Subsection (7) is added to section 944.24,

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Florida Statutes, to read:

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     944.24  Administration of correctional institutions for

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women.--

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     (7) Each female inmate who has a minor child shall,

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whenever possible, be assigned to a correctional facility that is

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in close proximity to the child. This subsection does not apply

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if the court has restricted the inmate's contact with her child.

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     Section 4.  Subsection (1) of section 944.8031, Florida

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Statutes, is amended to read:

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     944.8031  Inmate's family visitation; legislative intent;

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minimum services provided to visitors; budget requests.--

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     (1)  The Legislature finds that maintaining an inmate's

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family and community relationships, and fostering the

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relationship between a female inmate and her minor child, through

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enhancing visitor services and programs and increasing the

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frequency and quality of the visits is an underused underutilized

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correctional resource that can improve an inmate's behavior in

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the correctional facility and, upon an inmate's release from a

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correctional facility, will help to reduce recidivism.

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     Section 5.  This act shall take effect October 1, 2008.

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