HB 85

A bill to be entitled
2An act relating to county and municipal detention
3facilities; amending s. 951.23, F.S.; providing a
4definition; conforming provisions; deleting an obsolete
5date; requiring each county or municipal detention
6facility to receive periodic state certification from the
7Department of Corrections; providing for remedial measures
8for violations; authorizing rulemaking to develop
9certification standards and for remedial measures;
10authorizing a position within the Department of
11Corrections; providing an effective date.
13Be It Enacted by the Legislature of the State of Florida:
15     Section 1.  Subsections (1), (2), and (3), paragraph (a) of
16subsection (4), and subsections (8) and (10) of section 951.23,
17Florida Statutes, are amended, and subsection (11) is added to
18that section, to read:
19     951.23  County and municipal detention facilities;
20definitions; administration; standards and requirements.-
21     (1)  DEFINITIONS.-As used in this section, the term:
22     (a)  "County detention facility" means a county jail, a
23county stockade, a county work camp, a county residential
24probation center, and any other place except a municipal
25detention facility used by a county or county officer for the
26detention of persons charged with or convicted of either felony
27or misdemeanor.
28     (b)  "County residential probation center" means a county-
29operated facility housing offenders serving misdemeanor
30sentences or first-time felony sentences. Such facilities shall
31provide or contract for the provision of the programs
32established under s. 951.231.
33     (c)  "County prisoner" means a person who is detained in a
34county detention facility by reason of being charged with or
35convicted of either felony or misdemeanor.
36     (d)  "Department" means the Department of Corrections.
37     (e)(d)  "Municipal detention facility" means a city jail, a
38city stockade, a city prison camp, and any other place except a
39county detention facility used by a municipality or municipal
40officer for the detention of persons charged with or convicted
41of violation of municipal laws or ordinances.
42     (f)(e)  "Municipal prisoner" means a person who is detained
43in a municipal detention facility by reason of being charged
44with or convicted of violation of municipal law or ordinance.
45     (g)(f)  "Reduced custody housing area" means that area of a
46county detention facility or municipal detention facility which
47is designed to hold a large number of prisoners in a dormitory
48or barracks-type setting. The area may or may not have a
49security exterior, limited access, or exterior walls constructed
50of canvas, cloth, or any material similarly flexible or woven,
51which is flame resistant and is supported by a structural frame
52of metal or similar durable material.
53     (2)  COLLECTION OF INFORMATION.-In conjunction with the
54administrators of county detention facilities, the department of
55Corrections shall develop an instrument for the collection of
56information from the administrator of each county detention
57facility. Whenever possible, the information shall be
58transmitted by the administrator to the department of
59Corrections electronically or in a computer readable format. The
60information shall be provided on a monthly basis and shall
61include, but is not limited to, the following:
62     (a)  The number of persons housed per day who are:
63     1.  Felons sentenced to cumulative sentences of
64incarceration of 364 days or less.
65     2.  Felons sentenced to cumulative sentences of
66incarceration of 365 days or more.
67     3.  Sentenced misdemeanants.
68     4.  Awaiting trial on at least one felony charge.
69     5.  Awaiting trial on misdemeanor charges only.
70     6.  Convicted felons and misdemeanants who are awaiting
72     7.  Juveniles.
73     8.  State parole violators.
74     9.  State inmates who were transferred from a state
75correctional facility, as defined in s. 944.02, to the county
76detention facility.
77     (b)  The number of persons housed per day, admitted per
78month, and housed on the last day of the month, by age, race,
79sex, country of citizenship, country of birth, and immigration
80status classified as one of the following:
81     1.  Permanent legal resident of the United States.
82     2.  Legal visitor.
83     3.  Undocumented or illegal alien.
84     4.  Unknown status.
85     (c)  The number of persons housed per day:
86     1.  Pursuant to part I of chapter 394, "The Florida Mental
87Health Act."
88     2.  Pursuant to chapter 397, "Substance Abuse Services."
89     (d)  The cost per day for housing a person in the county
90detention facility.
91     (e)  The number of persons admitted per month, and the
92number of persons housed on the last day of the month, by age,
93race, and sex, who are:
94     1.  Felons sentenced to cumulative sentences of
95incarceration of 364 days or less.
96     2.  Felons sentenced to cumulative sentences of
97incarceration of 365 days or more.
98     3.  Sentenced misdemeanants.
99     4.  Awaiting trial on at least one felony charge.
100     5.  Awaiting trial on misdemeanor charges only.
101     6.  Convicted felons and misdemeanants who are awaiting
103     7.  Juveniles.
104     8.  State parole violators.
105     9.  State inmates who were transferred from a state
106correctional facility, as defined in s. 944.02, to the county
107detention facility.
108     (f)  The number of persons admitted per month, by age,
109race, and sex:
110     1.  Pursuant to part I of chapter 394, "The Florida Mental
111Health Act."
112     2.  Pursuant to chapter 397, "Substance Abuse Services."
114PLANS.-The information shall be analyzed and evaluated by the
115department of Corrections for comparisons of various categories
116between counties and may be used for the provision of technical
117assistance, upon request of the chief correctional officer. Such
118assistance may include, but is not limited to, enhancement of
119existing pretrial intervention programs and state reimbursement
120for operational, renovation, or construction costs for county
121detention facilities.
124     (a)  There shall be established a five-member working group
125consisting of three persons appointed by the Florida Sheriffs
126Association and two persons appointed by the Florida Association
127of Counties to develop model standards for county and municipal
128detention facilities. By October 1, 1996, Each sheriff and chief
129correctional officer shall adopt, at a minimum, the model
130standards with reference to:
131     1.a.  The construction, equipping, maintenance, and
132operation of county and municipal detention facilities.
133     b.  The cleanliness and sanitation of county and municipal
134detention facilities; the number of county and municipal
135prisoners who may be housed therein per specified unit of floor
136space; the quality, quantity, and supply of bedding furnished to
137such prisoners; the quality, quantity, and diversity of food
138served to them and the manner in which it is served; the
139furnishing to them of medical attention and health and comfort
140items; and the disciplinary treatment which may be meted out to
143Notwithstanding the provisions of the otherwise applicable
144building code, a reduced custody housing area may be occupied by
145inmates or may be used for sleeping purposes as allowed in
146subsection (7). The sheriff or chief correctional officer shall
147provide that a reduced custody housing area shall be governed by
148fire and life safety standards which do not interfere with the
149normal use of the facility and which affect a reasonable degree
150of compliance with rules of the State Fire Marshal for
151correctional facilities.
152     2.  The confinement of prisoners by classification and
153providing, whenever possible, for classifications which separate
154males from females, juveniles from adults, felons from
155misdemeanants, and those awaiting trial from those convicted
156and, in addition, providing for the separation of special risk
157prisoners, such as the mentally ill, alcohol or narcotic
158addicts, sex deviates, suicide risks, and any other
159classification which the local unit may deem necessary for the
160safety of the prisoners and the operation of the facility
161pursuant to degree of risk and danger criteria. Nondangerous
162felons may be housed with misdemeanants.
163     (8)  ASSISTANCE TO LOCAL GOVERNMENT.-Upon the request of a
164sheriff, or the chair of the board of county commissioners in a
165county in which the chief corrections officer is not a
166constitutional officer, the department of Corrections may
167provide technical assistance to local governments in the design
168and implementation of offender classification systems,
169evaluation of construction and financing alternatives, the
170development of community service programs, and the use of mutual
171aid programs in jail-sharing efforts.
172     (10)  RULE VIOLATIONS BY PRISONERS.-It is a misdemeanor of
173the second degree, punishable as provided in s. 775.082 or s.
174775.083, for a county prisoner or a municipal prisoner in a
175county detention facility to knowingly, on two or more
176occasions, violate a posted jail rule governing the conduct of
177prisoners, if the rule prohibits any of the following acts:
178     (a)  Assaulting any person;
179     (b)  Fighting with another person;
180     (c)  Threatening another with bodily harm, or any offense
181against another person or property;
182     (d)  Extortion, blackmail, protection, demanding or
183receiving money or anything of value in return for protection
184against others to avoid bodily harm, or under threat of
186     (e)  Engaging in sexual acts with others;
187     (f)  Making sexual proposals or threats to another;
188     (g)  Indecent exposure;
189     (h)  Escape;
190     (i)  Attempting or planning escape;
191     (j)  Wearing a disguise or mask;
192     (k)  Setting a fire;
193     (l)  Destroying, altering, damaging, or defacing government
194property or the property of another person;
195     (m)  Stealing (theft);
196     (n)  Tampering with or blocking any locking device;
197     (o)  Adulteration of any food or drink;
198     (p)  Possession or introduction of any explosive,
199ammunition, firearm, or weapon;
200     (q)  Possession of contraband;
201     (r)  Misuse of authorized medication;
202     (s)  Loaning of property or anything of value for profit or
203increased return;
204     (t)  Possession of anything not authorized for retention or
205receipt by the inmate and not issued to him or her through
206regular institutional channels;
207     (u)  Mutilating or altering issued clothing, bedding,
208linen, or mattresses;
209     (v)  Rioting;
210     (w)  Encouraging others to riot;
211     (x)  Engaging in or encouraging a group demonstration;
212     (y)  Refusing to work;
213     (z)  Encouraging others to refuse to work or participating
214in work stoppage;
215     (aa)  Refusing to obey a reasonable order of any staff
217     (bb)  Unexcused absence from work or any assignment;
218     (cc)  Malingering; feigning an illness or injury;
219     (dd)  Failing to perform work as instructed by a
221     (ee)  Lying or providing a false statement to a staff
223     (ff)  Conduct which disrupts or interferes with the
224security or orderly running of the institution;
225     (gg)  Counterfeiting, forging, or unauthorized reproduction
226of any document, article, or identification, money, security, or
227official paper;
228     (hh)  Participating in an unauthorized meeting or
230     (ii)  Being in an unauthorized area;
231     (jj)  Failure to follow safety or sanitation regulations;
232     (kk)  Using any equipment or machinery contrary to
233instructions or posted safety standards;
234     (ll)  Failing to stand count;
235     (mm)  Interfering with the taking of count;
236     (nn)  Making intoxicants or being intoxicated;
237     (oo)  Smoking where prohibited;
238     (pp)  Using abusive or obscene language;
239     (qq)  Gambling; preparing or conducting a gambling pool;
240possession of gambling paraphernalia;
241     (rr)  Being unsanitary or untidy; failing to keep one's
242person and one's quarters in accordance with posted standards;
243     (ss)  Tattooing or self-mutilation;
244     (tt)  Unauthorized use of mail or telephone;
245     (uu)  Unauthorized contacts with the public;
246     (vv)  Correspondence or conduct with a visitor in violation
247of posted regulations;
248     (ww)  Giving or offering any official or staff member a
249bribe or anything of value; or
250     (xx)  Giving money or anything of value to, or accepting
251money or anything of value from another inmate, a member of his
252or her family, or his or her friend.
254Punishment for a violation of this subsection shall run
255consecutive to any other sentence.
257     (a)  Each county detention facility or municipal detention
258facility must receive state certification every 2 years that the
259facility is operated consistent with public safety, security,
260and efficiency. The department shall be the state agency
261responsible for developing inspection criteria, conducting
262inspections, and issuing certifications. If a facility fails
263inspection, the department shall manage and operate the
264facility, provide probationary status with a plan to achieve
265certification, or undertake any other remedial measures in the
266discretion of the Secretary of Corrections as may be appropriate
267and commensurate with the determined violations.
268     (b)  The department may adopt rules concerning
269certification standards for facilities under this subsection,
270for penalties, fines, or any other penalty measures to ensure
271compliance with this subsection, and for reimbursements by local
272governments to the state for costs incurred when it becomes
273necessary for the department to manage and operate a facility
274under this subsection.
275     Section 2.  For the 2011-2012 fiscal year, the Department
276of Corrections is authorized one additional full-time equivalent
277position to conduct the inspections and perform other duties
278required by s. 951.23(11), Florida Statutes, as created by this
280     Section 3.  This act shall take effect July 1, 2011.

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