Florida Senate - 2011                                    SB 1960
       
       
       
       By Senator Sachs
       
       
       
       
       30-01035-11                                           20111960__
    1                        A bill to be entitled                      
    2         An act relating to county and municipal detention
    3         facilities; amending s. 951.23, F.S.; providing a
    4         definition; conforming provisions; deleting an
    5         obsolete date; requiring each county or municipal
    6         detention facility to receive periodic state
    7         certification from the Department of Corrections;
    8         providing for remedial measures for violations;
    9         authorizing rulemaking to develop certification
   10         standards and for remedial measures; authorizing a
   11         position within the Department of Corrections;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsections (1), (2), and (3), paragraph (a) of
   17  subsection (4), and subsections (8) and (10) of section 951.23,
   18  Florida Statutes, are amended, and subsection (11) is added to
   19  that section, to read:
   20         951.23 County and municipal detention facilities;
   21  definitions; administration; standards and requirements.—
   22         (1) DEFINITIONS.—As used in this section, the term:
   23         (a) “County detention facility” means a county jail, a
   24  county stockade, a county work camp, a county residential
   25  probation center, and any other place except a municipal
   26  detention facility used by a county or county officer for the
   27  detention of persons charged with or convicted of either felony
   28  or misdemeanor.
   29         (b) “County residential probation center” means a county
   30  operated facility housing offenders serving misdemeanor
   31  sentences or first-time felony sentences. Such facilities shall
   32  provide or contract for the provision of the programs
   33  established under s. 951.231.
   34         (c) “County prisoner” means a person who is detained in a
   35  county detention facility by reason of being charged with or
   36  convicted of either felony or misdemeanor.
   37         (d) “Department” means the Department of Corrections.
   38         (e)(d) “Municipal detention facility” means a city jail, a
   39  city stockade, a city prison camp, and any other place except a
   40  county detention facility used by a municipality or municipal
   41  officer for the detention of persons charged with or convicted
   42  of violation of municipal laws or ordinances.
   43         (f)(e) “Municipal prisoner” means a person who is detained
   44  in a municipal detention facility by reason of being charged
   45  with or convicted of violation of municipal law or ordinance.
   46         (g)(f) “Reduced custody housing area” means that area of a
   47  county detention facility or municipal detention facility which
   48  is designed to hold a large number of prisoners in a dormitory
   49  or barracks-type setting. The area may or may not have a
   50  security exterior, limited access, or exterior walls constructed
   51  of canvas, cloth, or any material similarly flexible or woven,
   52  which is flame resistant and is supported by a structural frame
   53  of metal or similar durable material.
   54         (2) COLLECTION OF INFORMATION.—In conjunction with the
   55  administrators of county detention facilities, the department of
   56  Corrections shall develop an instrument for the collection of
   57  information from the administrator of each county detention
   58  facility. Whenever possible, the information shall be
   59  transmitted by the administrator to the department of
   60  Corrections electronically or in a computer readable format. The
   61  information shall be provided on a monthly basis and shall
   62  include, but is not limited to, the following:
   63         (a) The number of persons housed per day who are:
   64         1. Felons sentenced to cumulative sentences of
   65  incarceration of 364 days or less.
   66         2. Felons sentenced to cumulative sentences of
   67  incarceration of 365 days or more.
   68         3. Sentenced misdemeanants.
   69         4. Awaiting trial on at least one felony charge.
   70         5. Awaiting trial on misdemeanor charges only.
   71         6. Convicted felons and misdemeanants who are awaiting
   72  sentencing.
   73         7. Juveniles.
   74         8. State parole violators.
   75         9. State inmates who were transferred from a state
   76  correctional facility, as defined in s. 944.02, to the county
   77  detention facility.
   78         (b) The number of persons housed per day, admitted per
   79  month, and housed on the last day of the month, by age, race,
   80  sex, country of citizenship, country of birth, and immigration
   81  status classified as one of the following:
   82         1. Permanent legal resident of the United States.
   83         2. Legal visitor.
   84         3. Undocumented or illegal alien.
   85         4. Unknown status.
   86         (c) The number of persons housed per day:
   87         1. Pursuant to part I of chapter 394, “The Florida Mental
   88  Health Act.”
   89         2. Pursuant to chapter 397, “Substance Abuse Services.”
   90         (d) The cost per day for housing a person in the county
   91  detention facility.
   92         (e) The number of persons admitted per month, and the
   93  number of persons housed on the last day of the month, by age,
   94  race, and sex, who are:
   95         1. Felons sentenced to cumulative sentences of
   96  incarceration of 364 days or less.
   97         2. Felons sentenced to cumulative sentences of
   98  incarceration of 365 days or more.
   99         3. Sentenced misdemeanants.
  100         4. Awaiting trial on at least one felony charge.
  101         5. Awaiting trial on misdemeanor charges only.
  102         6. Convicted felons and misdemeanants who are awaiting
  103  sentencing.
  104         7. Juveniles.
  105         8. State parole violators.
  106         9. State inmates who were transferred from a state
  107  correctional facility, as defined in s. 944.02, to the county
  108  detention facility.
  109         (f) The number of persons admitted per month, by age, race,
  110  and sex:
  111         1. Pursuant to part I of chapter 394, “The Florida Mental
  112  Health Act.”
  113         2. Pursuant to chapter 397, “Substance Abuse Services.”
  114         (3) ANALYSIS AND USE OF INFORMATION; LISTS OF CONSTRUCTION
  115  PLANS.—The information shall be analyzed and evaluated by the
  116  department of Corrections for comparisons of various categories
  117  between counties and may be used for the provision of technical
  118  assistance, upon request of the chief correctional officer. Such
  119  assistance may include, but is not limited to, enhancement of
  120  existing pretrial intervention programs and state reimbursement
  121  for operational, renovation, or construction costs for county
  122  detention facilities.
  123         (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
  124  OFFICERS.—
  125         (a) There shall be established a five-member working group
  126  consisting of three persons appointed by the Florida Sheriffs
  127  Association and two persons appointed by the Florida Association
  128  of Counties to develop model standards for county and municipal
  129  detention facilities. By October 1, 1996, Each sheriff and chief
  130  correctional officer shall adopt, at a minimum, the model
  131  standards with reference to:
  132         1.a. The construction, equipping, maintenance, and
  133  operation of county and municipal detention facilities.
  134         b. The cleanliness and sanitation of county and municipal
  135  detention facilities; the number of county and municipal
  136  prisoners who may be housed therein per specified unit of floor
  137  space; the quality, quantity, and supply of bedding furnished to
  138  such prisoners; the quality, quantity, and diversity of food
  139  served to them and the manner in which it is served; the
  140  furnishing to them of medical attention and health and comfort
  141  items; and the disciplinary treatment which may be meted out to
  142  them.
  143  
  144  Notwithstanding the provisions of the otherwise applicable
  145  building code, a reduced custody housing area may be occupied by
  146  inmates or may be used for sleeping purposes as allowed in
  147  subsection (7). The sheriff or chief correctional officer shall
  148  provide that a reduced custody housing area shall be governed by
  149  fire and life safety standards which do not interfere with the
  150  normal use of the facility and which affect a reasonable degree
  151  of compliance with rules of the State Fire Marshal for
  152  correctional facilities.
  153         2. The confinement of prisoners by classification and
  154  providing, whenever possible, for classifications which separate
  155  males from females, juveniles from adults, felons from
  156  misdemeanants, and those awaiting trial from those convicted
  157  and, in addition, providing for the separation of special risk
  158  prisoners, such as the mentally ill, alcohol or narcotic
  159  addicts, sex deviates, suicide risks, and any other
  160  classification which the local unit may deem necessary for the
  161  safety of the prisoners and the operation of the facility
  162  pursuant to degree of risk and danger criteria. Nondangerous
  163  felons may be housed with misdemeanants.
  164         (8) ASSISTANCE TO LOCAL GOVERNMENT.—Upon the request of a
  165  sheriff, or the chair of the board of county commissioners in a
  166  county in which the chief corrections officer is not a
  167  constitutional officer, the department of Corrections may
  168  provide technical assistance to local governments in the design
  169  and implementation of offender classification systems,
  170  evaluation of construction and financing alternatives, the
  171  development of community service programs, and the use of mutual
  172  aid programs in jail-sharing efforts.
  173         (10) RULE VIOLATIONS BY PRISONERS.—It is a misdemeanor of
  174  the second degree, punishable as provided in s. 775.082 or s.
  175  775.083, for a county prisoner or a municipal prisoner in a
  176  county detention facility to knowingly, on two or more
  177  occasions, violate a posted jail rule governing the conduct of
  178  prisoners, if the rule prohibits any of the following acts:
  179         (a) Assaulting any person;
  180         (b) Fighting with another person;
  181         (c) Threatening another with bodily harm, or any offense
  182  against another person or property;
  183         (d) Extortion, blackmail, protection, demanding or
  184  receiving money or anything of value in return for protection
  185  against others to avoid bodily harm, or under threat of
  186  informing;
  187         (e) Engaging in sexual acts with others;
  188         (f) Making sexual proposals or threats to another;
  189         (g) Indecent exposure;
  190         (h) Escape;
  191         (i) Attempting or planning escape;
  192         (j) Wearing a disguise or mask;
  193         (k) Setting a fire;
  194         (l) Destroying, altering, damaging, or defacing government
  195  property or the property of another person;
  196         (m) Stealing (theft);
  197         (n) Tampering with or blocking any locking device;
  198         (o) Adulteration of any food or drink;
  199         (p) Possession or introduction of any explosive,
  200  ammunition, firearm, or weapon;
  201         (q) Possession of contraband;
  202         (r) Misuse of authorized medication;
  203         (s) Loaning of property or anything of value for profit or
  204  increased return;
  205         (t) Possession of anything not authorized for retention or
  206  receipt by the inmate and not issued to him or her through
  207  regular institutional channels;
  208         (u) Mutilating or altering issued clothing, bedding, linen,
  209  or mattresses;
  210         (v) Rioting;
  211         (w) Encouraging others to riot;
  212         (x) Engaging in or encouraging a group demonstration;
  213         (y) Refusing to work;
  214         (z) Encouraging others to refuse to work or participating
  215  in work stoppage;
  216         (aa) Refusing to obey a reasonable order of any staff
  217  member;
  218         (bb) Unexcused absence from work or any assignment;
  219         (cc) Malingering; feigning an illness or injury;
  220         (dd) Failing to perform work as instructed by a supervisor;
  221         (ee) Lying or providing a false statement to a staff
  222  member;
  223         (ff) Conduct which disrupts or interferes with the security
  224  or orderly running of the institution;
  225         (gg) Counterfeiting, forging, or unauthorized reproduction
  226  of any document, article, or identification, money, security, or
  227  official paper;
  228         (hh) Participating in an unauthorized meeting or gathering;
  229         (ii) Being in an unauthorized area;
  230         (jj) Failure to follow safety or sanitation regulations;
  231         (kk) Using any equipment or machinery contrary to
  232  instructions or posted safety standards;
  233         (ll) Failing to stand count;
  234         (mm) Interfering with the taking of count;
  235         (nn) Making intoxicants or being intoxicated;
  236         (oo) Smoking where prohibited;
  237         (pp) Using abusive or obscene language;
  238         (qq) Gambling; preparing or conducting a gambling pool;
  239  possession of gambling paraphernalia;
  240         (rr) Being unsanitary or untidy; failing to keep one’s
  241  person and one’s quarters in accordance with posted standards;
  242         (ss) Tattooing or self-mutilation;
  243         (tt) Unauthorized use of mail or telephone;
  244         (uu) Unauthorized contacts with the public;
  245         (vv) Correspondence or conduct with a visitor in violation
  246  of posted regulations;
  247         (ww) Giving or offering any official or staff member a
  248  bribe or anything of value; or
  249         (xx) Giving money or anything of value to, or accepting
  250  money or anything of value from another inmate, a member of his
  251  or her family, or his or her friend.
  252  
  253  Punishment for a violation of this subsection shall run
  254  consecutive to any other sentence.
  255         (11) CERTIFICATION OF FACILITIES.—
  256         (a) Each county detention facility or municipal detention
  257  facility must receive state certification every 2 years that the
  258  facility is operated consistent with public safety, security,
  259  and efficiency. The department is the state agency responsible
  260  for developing inspection criteria, conducting inspections, and
  261  issuing certifications. If a facility fails inspection, the
  262  department shall manage and operate the facility, provide
  263  probationary status, along with a plan to achieve certification,
  264  or undertake any other remedial measures that the Secretary of
  265  Corrections deems appropriate and commensurate with the
  266  determined violations.
  267         (b) The department may adopt rules concerning certification
  268  standards for facilities under this subsection, for penalties,
  269  fines, or any other penalty measures to ensure compliance with
  270  this subsection, and for reimbursements by local governments to
  271  the state for costs incurred when it becomes necessary for the
  272  department to manage and operate a facility under this
  273  subsection.
  274         Section 2. For the 2011-2012 fiscal year, the Department of
  275  Corrections is authorized one additional full-time equivalent
  276  position to conduct the inspections and perform other duties
  277  required by s. 951.23(11), Florida Statutes, as created by this
  278  act.
  279         Section 3. This act shall take effect July 1, 2011.