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

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A bill to be entitled

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An act relating to correctional work programs; creating

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the Correctional Work Program Council; assigning the

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council to the Agency for Workforce Innovation for

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administrative purposes; providing a purpose for the

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council; providing for membership of the council;

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requiring that the council meet by a specified date;

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requiring the council to present a report to the Governor

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and the Legislature; providing requirements for the

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findings and the recommendations; providing for future

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expiration of the council; amending s. 946.523, F.S.;

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requiring a prison industry enhancement certificate to be

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relinquished to the Department of Corrections on a

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specified date; providing for the deposit of deductions

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from prison industry employee wages made after a specified

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date; amending s. 946.510, F.S.; providing that employees

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of the private nonprofit corporation operating prison

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industries are deemed state employees for workers'

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compensation purposes; 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. Correctional Work Program Council; creation;

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members; powers and duties.--

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     (1) The Correctional Work Program Council is established

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within the Agency for Workforce Innovation. The purpose of the

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council is to evaluate correctional work programs operating in

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the state and to make findings and recommendations concerning the

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practices and laws relating to correctional work programs. The

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council shall serve in an advisory capacity to the Legislature

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and the Governor.

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     (2) The council shall consist of the following eight

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members:

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     (a) A person appointed by the Governor.

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     (b) A Senator appointed by the President of the Senate.

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     (c) A Representative appointed by the Speaker of the House

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of Representatives.

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     (d) The Commissioner of Agriculture, or his or her

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designee.

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     (e) The Chief Financial Officer, or his or her designee.

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     (f) The Attorney General, or his or her designee.

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     (g) The Secretary of Corrections.

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     (h) The chair of Prison Rehabilitative Industries and

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Diversified Enterprises, Inc.

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     (3) The chair of the council shall be selected by the

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members. The council is not subject to control, supervision, or

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direction by the Agency for Workforce Innovation or the

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Department of Corrections.

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     (4) The council shall hold its first meeting by September

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1, 2008. The council shall meet at least quarterly and at other

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times at the call of the chair or as determined by a majority of

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council members. A majority of the members of the council

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constitutes a quorum.

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     (5) On or before January 15, 2009, the council shall report

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its findings and recommendations to the Governor, the President

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of the Senate, and the Speaker of the House of Representatives.

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The findings and recommendations shall include, but not be

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limited to:

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     (a) How the current correctional work programs created

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under part II of chapter 946, Florida Statutes, operate.

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     (b) Whether the goals and objectives of the correctional

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work programs fulfill a mission of vocational training and

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rehabilitation for the inmates that participate in the

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correctional work programs.

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     (c) Whether the correctional work programs have reduced

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recidivism for participating inmates.

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     (d) Whether current work programs provide basic job skills

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that enable participating ex-offenders to achieve meaningful

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employment.

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     (e) Whether additional correctional work program

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opportunities could be created and the legal and financial

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considerations involved in creating such additional

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opportunities.

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     (f) What services or products are currently produced by the

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correctional work programs, and what additional services or

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products could be developed, which could or should be purchased

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by the state or other governmental bodies.

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     (g) How the Prison Industries Enhancement (PIE) programs

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operate and whether to use PIE programs to establish a business

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relationship between correctional work programs and private

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industry.

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     (h) What are reasonable expectations for the growth of

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correctional work programs, including the financial goal of

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limited or no expenditures of state funds for such growth.

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     (i) What are the legal and economic impediments that exist

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which discourage the growth of correctional work programs.

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     (j) What changes in current procedures or practices of the

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Department of Corrections can be modified, changed, or otherwise

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incorporated in order to assist the corporation in expanding

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correctional work programs.

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     (k) Such other relevant matters relating to items listed in

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this subsection.

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     (6) Members of the council shall serve without compensation

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but are entitled to reimbursement for per diem and travel

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expenses pursuant to s. 112.061, Florida Statutes. Members shall

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be reimbursed from the budget of the entity through which they

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serve.

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     (7) The Agency for Workforce Innovation shall provide staff

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and administrative support to the council.

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     (8) The council shall cease to exist on June 30, 2009.

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     Section 2.  Subsections (3) and (4) are added to section

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946.523, Florida Statutes, to read:

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     946.523  Prison industry enhancement (PIE) programs.--

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     (3) Effective September 30, 2008, or at any date after

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September 30, 2008, as may be specified by the department, the

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corporation will relinquish the Prison Industries Enhancement or

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PIE certificate it now holds pursuant to 18 U.S.C. s. 1761 to the

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department. The department shall thereafter exercise the

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authority granted by this section. The department shall have all

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powers necessary to comply with the federal statutes and the

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Bureau of Justice Assistance guidelines for certifying programs

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in accordance with the PIE certificate.

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     (4) The corporation and any entity operating under the PIE

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certificate, in consultation with the department, shall deduct

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amounts to be defined by the department, consistent with

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applicable federal law and guidelines, from an inmate's gross

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wages for taxes, room and board, family support, and victim's

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compensation. Deductions for room and board taken by the

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corporation or any entity operating under the PIE certificate

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shall be deposited in the department's Correctional Work Program

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Trust Fund.

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     Section 3.  Section 946.510, Florida Statutes, is amended to

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read:

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     946.510  Insurance by Division of Risk Management.--

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     (1) Pursuant to the applicable provisions of chapter 284,

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the Division of Risk Management of the Department of Financial

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Services is authorized to insure the corporation under the same

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general terms and conditions as the Department of Corrections was

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insured by the division prior to the corporation leasing the

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correctional work programs as authorized by this chapter.

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     (2) Employees of the corporation shall be deemed employees

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of the state for the purposes of chapter 440.

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     Section 4.  This act shall take effect July 1, 2008.

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