Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. PCS (249628) for SB 1796

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CHAMBER ACTION

Senate

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House



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The Committee on Criminal and Civil Justice Appropriations

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(Crist) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete lines 91 through 128

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and insert:

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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 s.

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944.023, Florida Statutes, notwithstanding any law to the

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contrary.

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     (4) In making placements authorized 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. This subsection

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expires June 30, 2009.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 13 and 14

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and insert:

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requiring that additional

3/31/2008  7:29:00 PM     12-06275A-08

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