Florida Senate - 2008 CS for CS for SB 1800
By the Committees on Criminal Justice; Criminal and Civil Justice Appropriations; and Senator Crist
591-08235-08 20081800c2
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; providing an effective date.
20
21
Be It Enacted by the Legislature of the State of Florida:
22
23
Section 1. Correctional Work Program Council; creation;
24
members; powers and duties.--
25
(1) The Correctional Work Program Council is established
26
within the Agency for Workforce Innovation. The purpose of the
27
council is to evaluate correctional work programs operating in
28
the state and to make findings and recommendations concerning the
29
practices and laws relating to correctional work programs. The
30
council shall serve in an advisory capacity to the Legislature
31
and the Governor.
32
(2) The council shall consist of the following eight
33
members:
34
(a) A person appointed by the Governor.
35
(b) A Senator appointed by the President of the Senate.
36
(c) A Representative appointed by the Speaker of the House
37
of Representatives.
38
(d) The Commissioner of Agriculture, or his or her
39
designee.
40
(e) The Chief Financial Officer, or his or her designee.
41
(f) The Attorney General, or his or her designee.
42
(g) The Secretary of Corrections.
43
(h) The chair of Prison Rehabilitative Industries and
44
Diversified Enterprises, Inc.
45
(3) The chair of the council shall be selected by the
46
members. The council is not subject to control, supervision, or
47
direction by the Agency for Workforce Innovation or the
48
Department of Corrections.
49
(4) The council shall hold its first meeting by September
50
1, 2008. The council shall meet at least quarterly and at other
51
times at the call of the chair or as determined by a majority of
52
council members. A majority of the members of the council
53
constitutes a quorum.
54
(5) On or before January 15, 2009, the council shall report
55
its findings and recommendations to the Governor, the President
56
of the Senate, and the Speaker of the House of Representatives.
57
The findings and recommendations shall include, but not be
58
limited to:
59
(a) How the current correctional work programs created
60
under part II of chapter 946, Florida Statutes, operate.
61
(b) Whether the goals and objectives of the correctional
62
work programs fulfill a mission of vocational training and
63
rehabilitation for the inmates that participate in the
64
correctional work programs.
65
(c) Whether the correctional work programs have reduced
66
recidivism for participating inmates.
67
(d) Whether current work programs provide basic job skills
68
that enable participating ex-offenders to achieve meaningful
69
employment.
70
(e) Whether additional correctional work program
71
opportunities could be created and the legal and financial
72
considerations involved in creating such additional
73
opportunities.
74
(f) What services or products are currently produced by the
75
correctional work programs, and what additional services or
76
products could be developed, which could or should be purchased
77
by the state or other governmental bodies.
78
(g) How the Prison Industries Enhancement (PIE) programs
79
operate and whether to use PIE programs to establish a business
80
relationship between correctional work programs and private
81
industry.
82
(h) What are reasonable expectations for the growth of
83
correctional work programs, including the financial goal of
84
limited or no expenditures of state funds for such growth.
85
(i) What are the legal and economic impediments that exist
86
which discourage the growth of correctional work programs.
87
(j) What changes in current procedures or practices of the
88
Department of Corrections can be modified, changed, or otherwise
89
incorporated in order to assist the corporation in expanding
90
correctional work programs.
91
(k) Such other relevant matters relating to items listed in
92
this subsection.
93
(6) Members of the council shall serve without compensation
94
but are entitled to reimbursement for per diem and travel
95
expenses pursuant to s. 112.061, Florida Statutes. Members shall
96
be reimbursed from the budget of the entity through which they
97
serve.
98
(7) The Agency for Workforce Innovation shall provide staff
99
and administrative support to the council.
100
(8) The council shall cease to exist on June 30, 2009.
101
Section 2. Subsections (3) and (4) are added to section
102
946.523, Florida Statutes, to read:
103
946.523 Prison industry enhancement (PIE) programs.--
104
(3) Effective September 30, 2008, or at any date after
105
September 30, 2008, as may be specified by the department, the
106
corporation will relinquish the Prison Industries Enhancement or
107
PIE certificate it now holds pursuant to 18 U.S.C. s. 1761 to the
108
department. The department shall thereafter exercise the
109
authority granted by this section. The department shall have all
110
powers necessary to comply with the federal statutes and the
111
Bureau of Justice Assistance guidelines for certifying programs
112
in accordance with the PIE certificate.
113
(4) The corporation and any entity operating under the PIE
114
certificate, in consultation with the department, shall deduct
115
amounts to be defined by the department, consistent with
116
applicable federal law and guidelines, from an inmate's gross
117
wages for taxes, room and board, family support, and victim's
118
compensation. Deductions for room and board taken by the
119
corporation or any entity operating under the PIE certificate
120
shall be deposited in the department's Correctional Work Program
121
Trust Fund.
122
Section 3. Section 946.510, Florida Statutes, is amended to
123
read:
124
946.510 Insurance by Division of Risk Management.--
125
(1) Pursuant to the applicable provisions of chapter 284,
126
the Division of Risk Management of the Department of Financial
127
Services is authorized to insure the corporation under the same
128
general terms and conditions as the Department of Corrections was
129
insured by the division prior to the corporation leasing the
130
correctional work programs as authorized by this chapter.
131
(2) Employees of the corporation shall be deemed employees
132
of the state for the purposes of chapter 440.
133
Section 4. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.