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.