Proposed Committee Substitute by the Committee on Criminal and

Civil Justice Appropriations

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A bill to be entitled

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An act relating to the transfer of inmates; authorizing

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the Department of Corrections to contract with county and

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municipal entities to house inmates committed to the

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department; authorizing the department to enter into

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contractual agreements with another state, a political

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subdivision of another state, or a vendor in another state

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to transfer and confine Florida inmates within that state;

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requiring the reclassification of inmates before a

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transfer occurs; providing for the contents of the

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contract; providing that a transferred inmate remains

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subject to the rules of the Florida Parole Commission;

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requiring that contracts for the transfer of inmates be

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procured according to state law; requiring that additional

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beds authorized under a contract be added to the total

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capacity of the state correctional system; authorizing the

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department to adopt rules; providing for future expiration

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of provisions authorizing the transfer of inmates;

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amending s. 957.09, F.S.; providing that the provisions

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governing private correctional facilities do not apply to

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contracts between the department and county and municipal

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entities, other states, political subdivisions of another

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state, or correctional management service vendors in

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another state for the transfer and confinement of state

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inmates; providing for future expiration of such

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exemption; 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. (1)(a) Effective July 1, 2008, notwithstanding

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the provisions of s. 944.17, Florida Statutes, to the contrary,

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the Department of Corrections may contract with county or

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municipal facilities for the purpose of housing inmates committed

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to the department.

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     (b) Notwithstanding the provisions of ss. 944.17 and

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944.1905, Florida Statutes, to the contrary, before transferring

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a state inmate to another facility as authorized under this

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section, the inmate shall be reclassified and scored as to

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custody risk based on the current offense and not on prior

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criminal history. Upon return to a state correctional

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institution, the inmate shall be reclassified based on the

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provisions of ss. 944.17 and 944.1905, Florida Statutes.

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     (c) Any inmate placed in another facility under this

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section remains under the jurisdiction of the department.

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     (2)(a) Effective July 1, 2008, notwithstanding the

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provisions of s. 944.17, Florida Statutes, to the contrary, the

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Department of Corrections may enter into contracts with another

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state, a political subdivision of another state, or a

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correctional management services vendor in another state for the

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transfer and confinement in that state of inmates who have been

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committed to the custody of the department. Any such contract

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must include:

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     1. A termination date.

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     2. Provisions concerning the costs of inmate maintenance,

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extraordinary medical and dental expenses, and any participation

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in or receipt by inmates of rehabilitative or correctional

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services, facilities, programs, or treatment, including those

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costs not reasonably included as part of normal maintenance.

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     3. Provisions concerning participation in programs of

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inmate employment, if any, the disposition or crediting of any

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payments received by inmates on account of employment, and the

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crediting of proceeds or disposal of any products resulting from

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employment.

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     4. Provisions for the delivery and retaking of inmates.

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     5. A waiver of extradition by this state and the state to

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which the inmates are transferred.

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     6. Retention of jurisdiction of the inmates transferred by

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Florida.

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     7. Regular reporting procedures concerning Florida inmates

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by officials of the state, political subdivision, or correctional

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management services vendor with which the department is

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contracting.

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     8. Provisions concerning procedures for community

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supervision, including probation, parole, conditional release,

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and discharge.

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     9. The same standards of reasonable and humane care as the

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inmates would receive in an appropriate institution in this

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state.

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     10. Any other matters that are necessary and appropriate to

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establish the obligations, responsibilities, and rights of

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Florida and the state, political subdivision, or correctional

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management services vendor with which the department is

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contracting.

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     (b) Inmates from Florida state prisons while in an

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institution in another state are subject to all provisions of law

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and rules concerning the confinement of persons committed for

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violations of the laws of that state, except as otherwise

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provided for by any contract entered into under this section.

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     (c) The Florida Parole Commission shall conduct any parole

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hearing for an inmate confined under a contract pursuant to this

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section according to the rules of the commission.

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     (d) Contracts under this section shall be procured in

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accordance with s. 287.057, Florida Statutes.

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     (3) Any beds contracted under this section shall be added

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to the total capacity of the correctional system as defined in

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section 944.023, Florida Statutes, notwithstanding any law to the

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contrary.

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     (4) In making placements authorizes by this section, the

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department shall consider, to the extent possible, the proximity

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of the receiving facility to the inmate's family, consistent with

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s. 944.8031, Florida Statutes.

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     (5) The Department of Corrections may adopt rules to

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administer this section.

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     (6) This section expires June 30, 2009.

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     Section 2.  Section 957.09, Florida Statutes, is amended to

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read:

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     957.09  Applicability of chapter to other provisions of

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law.--

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     (1)(a)  Any offense that if committed at a state

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correctional facility would be a crime shall be a crime if

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committed by or with regard to inmates at private correctional

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facilities operated pursuant to a contract entered into under

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this chapter.

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     (b)  All laws relating to commutation of sentences, release

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and parole eligibility, and the award of sentence credits shall

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apply to inmates incarcerated in a private correctional facility

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operated pursuant to a contract entered into under this chapter.

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     (2)  The provisions of this chapter are supplemental to the

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provisions of ss. 944.105 and 944.710-944.719. However, in any

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conflict between a provision of this chapter and a provision of

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such other sections, the provision of this chapter shall prevail.

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     (3)  The provisions of law governing the participation of

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minority business enterprises are applicable to this chapter.

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     (4) The provisions of this chapter do not apply to

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contracts between the department and county and municipal

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entities, other states, political subdivisions of another state,

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or correctional management service vendors in another state for

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the transfer and confinement of state inmates, as provided in ss.

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944.171 and 944.1055. This subsection expires June 30, 2009.

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     Section 3.  This act shall take effect July 1, 2008.