Florida Senate - 2014                                     SB 274
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00282-14                                            2014274__
    1                        A bill to be entitled                      
    2         An act relating to inmate reentry; amending s.
    3         322.051, F.S.; requiring the Department of Highway
    4         Safety and Motor Vehicles to waive the fee for
    5         identification cards issued to certain inmates;
    6         amending s. 382.0255, F.S.; requiring the Department
    7         of Health to waive fees for certain inmates receiving
    8         a copy of a birth certificate; amending s. 944.605,
    9         F.S.; requiring the Department of Corrections to work
   10         with other agencies to procure the necessary documents
   11         for certain inmates to acquire an identification card
   12         before release; providing exceptions; requiring the
   13         department to assist inmates born outside this state
   14         in obtaining identification cards; requiring the
   15         department to assist inmates in applying for a social
   16         security card; requiring a report; amending s.
   17         944.803, F.S.; encouraging the department to operate
   18         and maintain faith- and character-based institutions
   19         that serve both male and female inmates at their
   20         respective institutions; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (9) of section 322.051, Florida
   25  Statutes, is amended to read:
   26         322.051 Identification cards.—
   27         (9) Notwithstanding any other provision of this section or
   28  s. 322.21 to the contrary, the department shall issue or renew a
   29  card at no charge to a person who presents satisfactory evidence
   30  satisfactory to the department that he or she is homeless as
   31  defined in s. 414.0252(7) or to an inmate receiving a card
   32  issued pursuant to s. 944.605(4).
   33         Section 2. Subsection (3) of section 382.0255, Florida
   34  Statutes, is amended to read:
   35         382.0255 Fees.—
   36         (3) Fees shall be established by rule and. However, until
   37  rules are adopted, the fees assessed pursuant to this section
   38  shall be the minimum fees cited. The fees established by rule
   39  must be sufficient to meet the cost of providing the service.
   40  However, until rules are adopted, the fees assessed must be the
   41  minimum amount specified in this section.
   42         (a) All fees shall be paid by the person requesting the
   43  record, are due and payable at the time services are requested,
   44  and are nonrefundable, except that, if when a search is
   45  conducted and no vital record is found, any fees paid for
   46  additional certified copies must shall be refunded.
   47         (b) The department may waive all or part of the fees
   48  required under this section for any government entity.
   49         (c) The department shall waive the fees for a certified
   50  copy of a birth certificate which is issued in order to allow an
   51  inmate to acquire a state identification card before release as
   52  provided under s. 944.605(4).
   53         Section 3. Section 944.605, Florida Statutes, is amended to
   54  read:
   55         944.605 Inmate release; notification; identification
   56  cards.—
   57         (1)(a) Within 6 months before the release of an inmate from
   58  the custody of the department of Corrections or a private
   59  correctional facility by expiration of sentence under s.
   60  944.275, a any release program provided by law, or parole under
   61  chapter 947, or as soon as possible if the offender is released
   62  earlier than anticipated:,
   63         1. The department shall provide notification of the such
   64  anticipated release date shall be made known by the department
   65  of Corrections to the chief judge of the circuit in which the
   66  offender was sentenced, the appropriate state attorney, the
   67  original arresting law enforcement agency, the Department of Law
   68  Enforcement, and the sheriff as chief law enforcement officer of
   69  the county in which the inmate plans to reside.
   70         2.The department or the state attorney, whichever is
   71  appropriate, shall provide notification of the anticipated
   72  release date In addition, unless otherwise requested by the
   73  victim, the victim’s parent or guardian if the victim is a
   74  minor, the lawful representative of the victim or of the
   75  victim’s parent or guardian if the victim is a minor, or the
   76  victim’s next of kin in the case of a homicide, if the state
   77  attorney or the department of Corrections, whichever is
   78  appropriate, shall notify such person within 6 months before the
   79  inmate’s release, or as soon as possible if the offender is
   80  released earlier than anticipated, when the name and address of
   81  such victim, or the name and address of the parent, guardian,
   82  next of kin, or lawful representative of the victim has been
   83  furnished to the agency. The state attorney shall provide the
   84  latest address documented for the victim, or for the victim’s
   85  parent, guardian, next of kin, or lawful representative, as
   86  applicable, to the sheriff with the other documents required by
   87  law for the delivery of inmates to those agencies for service of
   88  sentence.
   89         (b) Upon request, within 30 days after an inmate is
   90  approved for community work release, the department shall notify
   91  the state attorney, the victim, the victim’s parent or guardian
   92  if the victim is a minor, the victim’s next of kin in the case
   93  of a homicide, or the lawful representative of the victim or of
   94  the victim’s parent or guardian if the victim is a minor shall
   95  be notified that the inmate has been approved for community work
   96  release.
   97         (c) At least 10 days before the anticipated date of work
   98  release, the department shall notify in writing the county law
   99  enforcement agency in the county in this state in which the
  100  inmate is scheduled to be released.
  101         (d) This section does not imply any repeal or modification
  102  of any provision of law relating to notification of victims.
  103         (2) Within 60 days before the anticipated release of an
  104  inmate under subsection (1), a digitized photograph of the
  105  inmate to be released shall be made by the department of
  106  Corrections or a private correctional facility, whichever has
  107  custody of the inmate. If a private correctional facility makes
  108  the digitized photograph, the this photograph shall be provided
  109  to the department of Corrections. Additionally, The digitized
  110  photograph, whether made by the department of Corrections or a
  111  private correctional facility, shall be placed in the inmate’s
  112  file.
  113         (a) The department of Corrections shall make the digitized
  114  photograph available electronically to the Department of Law
  115  Enforcement as soon as the digitized photograph is in the
  116  department’s database. The digitized photograph and must be in a
  117  format that is compatible with the requirements of the Florida
  118  Crime Information Center. The department shall provide a copy of
  119  the digitized photograph to a local law enforcement agency upon
  120  request.
  121         (b) An inmate who refuses to submit to the taking of a
  122  digitized photograph commits a felony of the third degree,
  123  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  124         (3)(a) If an inmate is to be released after having served
  125  one or more sentences for a conviction of robbery, sexual
  126  battery, home-invasion robbery, or carjacking, or if an inmate
  127  to be released has a prior conviction in this state or in
  128  another jurisdiction for robbery, sexual battery, home-invasion
  129  robbery, or carjacking or similar offense which is noted, in
  130  this state or in another jurisdiction, and if such prior
  131  conviction information is contained in department records,
  132  within 6 months before the discharge of the inmate from the
  133  custody of the department the department shall release to the
  134  sheriff of the county in which the inmate plans to reside, and,
  135  if the inmate plans to reside within a municipality, to the
  136  chief of police of that municipality, the following information,
  137  which must include, but need not be limited to:
  138         1. Name.
  139         2. Social security number.
  140         3. Date of birth.
  141         4. Race.
  142         5. Sex.
  143         6. Height.
  144         7. Weight.
  145         8. Hair and eye color.
  146         9. Tattoos or other identifying marks.
  147         10. Fingerprints.
  148         11. A digitized photograph as provided under in subsection
  149  (2).
  150  
  151  The department shall release the information specified in this
  152  paragraph within 6 months prior to the discharge of the inmate
  153  from the custody of the department.
  154         (b) The department may electronically submit the
  155  information specified listed in paragraph (a) to the sheriff of
  156  the county in which the inmate plans to reside, and, if the
  157  inmate plans to reside within a municipality, to the chief of
  158  police of that municipality.
  159         (4)The department, in conjunction with the Department of
  160  Health and the Department of Highway Safety and Motor Vehicles,
  161  shall provide each inmate who is in the custody of the
  162  department and who was born in this state with a certified copy
  163  of his or her birth certificate and a state identification card
  164  before his or her release.
  165         (a) In order to obtain a copy of the inmate’s certified
  166  birth certificate, the department shall submit all of the
  167  following to the Department of Health:
  168         1. A copy of the inmate’s photograph or digitized
  169  photograph.
  170         2. The inmate’s date of birth, full name at birth, and any
  171  subsequent legal name changes.
  172         3. The municipality or county where the inmate was born.
  173         4. The inmate’s mother’s full name, including her maiden
  174  surname.
  175         5. The inmate’s father’s full name.
  176         (b) An inmate who does not cooperate in providing the
  177  photograph or information required under paragraph (a) may be
  178  subject to disciplinary action.
  179         (c) This subsection does not apply to an inmate who:
  180         1. The department determines has a valid driver license or
  181  state identification card;
  182         2. Has an active detainer, unless the department determines
  183  that cancellation of the detainer is likely or that the
  184  incarceration for which the detainer was issued will be less
  185  than 12 months in duration;
  186         3. Is released due to an emergency release or a conditional
  187  medical release under s. 947.149;
  188         4. Is not in the physical custody of the department at or
  189  within 180 days before release; or
  190         5. Is subject to sex offender residency restrictions upon
  191  release and does not have a qualifying address.
  192         (5) The department shall assist each inmate in the custody
  193  of the department who was born outside of this state to obtain
  194  and complete the necessary forms or applications in order to
  195  receive a birth certificate, driver license, or other
  196  identification card issued by the appropriate state.
  197         (6) The department shall assist each inmate in the custody
  198  of the department who needs a social security card to apply for
  199  and obtain a social security card before release from
  200  incarceration.
  201         (7) In its annual report, the department shall identify the
  202  number of inmates released with and without identification cards
  203  during the previous year. The report must identify any
  204  impediment to implementing subsections (4)-(6) and provide
  205  recommendations that facilitate obtaining release documents and
  206  identification cards for all inmates.
  207         (4) An inmate who refuses to submit to the taking of a
  208  digitized photograph commits a felony of the third degree,
  209  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  210         (5) The department shall, at least 10 days before the
  211  anticipated date of release on work release of an inmate, notify
  212  in writing the county law enforcement agency in the county in
  213  this state in which the inmate is scheduled to be released.
  214         (6) Upon request of the victim, the personal representative
  215  of the victim, or the state attorney, the department shall
  216  notify the requesting person when an inmate has been approved
  217  for community work release within 30 days after the date of
  218  approval.
  219         Section 4. Subsections (2) and (6) of section 944.803,
  220  Florida Statutes, are amended to read:
  221         944.803 Faith- and character-based programs.—
  222         (2) It is the intent of the Legislature that the department
  223  expand the faith- and character-based initiative through the use
  224  of faith- and character-based institutions. The department is
  225  encouraged to phase out the faith-based and self-improvement
  226  self improvement dormitory programs and move toward the goal of
  227  implementing and maintaining only implementing faith- and
  228  character-based institutions for male and female inmates.
  229         (6) Within faith- and character-based institutions of the
  230  state correctional system, peer-to-peer programming shall be
  231  offered allowed, such as Alcoholics Anonymous and, literacy
  232  instruction, and other activities, when appropriate.
  233         Section 5. This act shall take effect July 1, 2014.