Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 7020
       
       
       
       
       
                               Ì570270zÎ570270                          
       
       576-01915E-15                                                   
       Proposed Committee Substitute by the Committee on Appropriations
    1                        A bill to be entitled                      
    2         An act relating to corrections; amending s. 20.315,
    3         F.S.; revising the method of appointment for the
    4         Secretary of Corrections; creating the Florida
    5         Corrections Commission within the department;
    6         providing for membership and terms of appointment for
    7         commission members; prescribing duties and
    8         responsibilities of the commission; prohibiting the
    9         commission from entering into the department’s
   10         operation; establishing meeting and notice
   11         requirements; requiring the commission to appoint an
   12         executive director; authorizing reimbursement of per
   13         diem and travel expenses for commission members;
   14         prohibiting certain conflicts of interest among
   15         commission members; providing for applicability;
   16         amending s. 216.136, F.S.; requiring the Criminal
   17         Justice Estimating Conference to develop projections
   18         of prison admissions and populations for elderly
   19         felony offenders; amending s. 921.0021, F.S.; revising
   20         the definition of “victim injury” by removing a
   21         prohibition on assessing certain victim injury
   22         sentence points for sexual misconduct by an employee
   23         of the Department of Corrections or a private
   24         correctional facility with an inmate or an offender
   25         supervised by the department; conforming a provision
   26         to changes made by the act; amending s. 944.151, F.S.;
   27         expanding the department’s security review committee
   28         functions; ensuring physical inspections of state and
   29         private buildings and structures and prioritizing
   30         institutions for inspection that meet certain
   31         criteria; amending s. 944.275, F.S.; prohibiting an
   32         inmate from receiving incentive gain-time credits for
   33         completing the requirements for and receiving a
   34         general educational development certificate or
   35         vocational certificate if the inmate was convicted of
   36         a specified offense on or after a specified date;
   37         amending s. 944.31, F.S.; requiring that a copy of a
   38         written memorandum of understanding for notification
   39         and investigation of certain events between the
   40         Department of Corrections and the Department of Law
   41         Enforcement be provided in a timely manner to the
   42         Governor, the President of the Senate, and the Speaker
   43         of the House of Representatives; requiring specialized
   44         training in certain circumstances; amending s.
   45         944.331, F.S.; requiring the Department of Corrections
   46         to provide multiple private, internal avenues for the
   47         reporting by inmates of sexual abuse and sexual
   48         harassment; requiring the department, in consultation
   49         with the Correctional Medical Authority, to review
   50         inmate health care grievance procedures at each
   51         correctional institution and private correctional
   52         facility; requiring the department to review inmate
   53         grievance procedures at each correctional institution
   54         and private correctional facility; amending s. 944.35,
   55         F.S.; requiring that correctional officers have
   56         specialized training in the effective, nonforceful
   57         management of mentally ill inmates who may exhibit
   58         erratic behavior; requiring each institution to create
   59         and maintain a system to track the use of force
   60         episodes to determine if inmates need subsequent
   61         physical or mental health treatment; requiring annual
   62         reporting of use of force on the agency website;
   63         requiring that reports of physical force be signed
   64         under oath; prohibiting employees with notations
   65         regarding incidents involving the inappropriate use of
   66         force from being assigned to transitional care, crisis
   67         stabilization, or corrections mental health treatment
   68         facility housing; providing an exception; expanding
   69         applicability of a current felony offense to include
   70         certain employees of private providers and private
   71         correctional facilities; defining the term “neglect of
   72         an inmate”; providing for the determination of neglect
   73         of an inmate; creating criminal penalties for certain
   74         employees who neglect an inmate in specified
   75         circumstances; providing for anonymous reporting of
   76         inmate abuse directly to the department’s Office of
   77         Inspector General; requiring that instruction on
   78         communication techniques related to crisis
   79         stabilization to avoid use of force be included in the
   80         correctional officer training program; directing the
   81         department to establish policies to protect inmates
   82         and employees from retaliation; requiring the
   83         department to establish policies relating to the use
   84         of chemical agents; amending s. 944.8041, F.S.;
   85         requiring the department to report health care costs
   86         for elderly inmates in its annual report; creating s.
   87         944.805, F.S.; providing legislative intent relating
   88         to specialized programs for veterans; requiring the
   89         department to measure recidivism and report its
   90         finding in that regard; amending s. 945.215, F.S.;
   91         requiring that specified proceeds and certain funds be
   92         deposited in the State Operated Institutions Inmate
   93         Welfare Trust Fund; providing that the State Operated
   94         Institutions Inmate Welfare Trust Fund is a trust held
   95         by the Department of Corrections for the benefit and
   96         welfare of certain inmates; prohibiting deposits into
   97         the trust fund from exceeding $5 million per fiscal
   98         year; requiring that deposits in excess of that amount
   99         be deposited into the General Revenue Fund; requiring
  100         that funds of the trust fund be used exclusively for
  101         specified purposes at correctional facilities operated
  102         by the department; requiring that funds from the trust
  103         fund only be expended pursuant to legislative
  104         appropriations; requiring the department to annually
  105         compile a report, at the statewide and institutional
  106         level documenting trust fund receipts and
  107         expenditures; requiring the report be submitted by
  108         September 1 for the previous fiscal year to specified
  109         offices of the Legislature and to the Executive Office
  110         of the Governor; prohibiting the purchase of weight
  111         training equipment; providing a contingent effective
  112         date; amending s. 945.48, F.S.; specifying
  113         correctional officer staffing requirements pertaining
  114         to inmates housed in mental health treatment
  115         facilities; amending s. 945.6031, F.S.; changing the
  116         frequency of required surveys; amending s. 945.6033,
  117         F.S.; provides for damages in inmate health care
  118         contracts; amending s. 945.6034, F.S.; requiring the
  119         department to consider the needs of inmates over 50
  120         years of age and adopt health care standards for that
  121         population; creating s. 945.6039; F.S.; allowing an
  122         inmate’s family, lawyer, and other interested parties
  123         to hire and pay for an independent medical evaluation;
  124         specifying the purpose for outside evaluations;
  125         requiring the department to provide reasonable and
  126         timely access to the inmate; amending s. 947.149,
  127         F.S.; defining the term “elderly and infirm inmate”;
  128         expanding eligibility for conditional medical release
  129         to include elderly and infirm inmates; amending ss.
  130         948.10 and 951.221, F.S.; conforming cross-references
  131         to changes made by the act; providing for
  132         applicability; reenacting ss. 435.04(2)(uu) and
  133         921.0022(3)(f), F.S., relating to level 2 screening
  134         standards and the Criminal Punishment Code and offense
  135         severity ranking chart, respectively, to incorporate
  136         the amendment made to s. 944.35, F.S., in references
  137         thereto; reenacting ss. 944.72(1), 945.21501(1), and
  138         945.2151, F.S., relating to the Privately Operated
  139         Institutions Inmate Welfare Trust Fund, the Employee
  140         Benefit Trust Fund, and the verification of social
  141         security numbers, respectively, to incorporate the
  142         amendment made to s. 945.215, F.S., in references
  143         thereto; providing effective dates.
  144          
  145  Be It Enacted by the Legislature of the State of Florida:
  146  
  147         Section 1. Subsection (3) of section 20.315, Florida
  148  Statutes, is amended, present subsections (4) through (12) of
  149  that section are redesignated as subsections (5) through (13),
  150  respectively, and a new subsection (4) is added to that section,
  151  to read:
  152         20.315 Department of Corrections.—There is created a
  153  Department of Corrections.
  154         (3) SECRETARY OF CORRECTIONS.—The head of the Department of
  155  Corrections is the Secretary of Corrections. The secretary shall
  156  be is appointed by the Governor with the concurrence of three
  157  members of the Cabinet, subject to confirmation by the Senate,
  158  and shall serve at the pleasure of the Governor and Cabinet. The
  159  secretary is responsible for planning, coordinating, and
  160  managing the corrections system of the state. The secretary
  161  shall ensure that the programs and services of the department
  162  are administered in accordance with state and federal laws,
  163  rules, and regulations, with established program standards, and
  164  consistent with legislative intent. The secretary shall identify
  165  the need for and recommend funding for the secure and efficient
  166  operation of the state correctional system.
  167         (a) The secretary shall appoint a deputy secretary. The
  168  deputy secretary shall be directly responsible to the secretary
  169  and shall serve at the pleasure of the secretary.
  170         (b) The secretary shall appoint a general counsel and an
  171  inspector general, who are exempt from part II of chapter 110
  172  and are included in the Senior Management Service.
  173         (c) The secretary may appoint assistant secretaries,
  174  directors, or other such persons that he or she deems are
  175  necessary to accomplish the mission and goals of the department,
  176  including, but not limited to, the following areas of program
  177  responsibility:
  178         1. Security and institutional operations, which shall
  179  provide inmate work programs, offender programs, security
  180  administration, emergency operations response, and operational
  181  oversight of the regions.
  182         2. Health services, which shall be headed by a physician
  183  licensed under chapter 458 or an osteopathic physician licensed
  184  under chapter 459, or a professionally trained health care
  185  administrator with progressively responsible experience in
  186  health care administration. This individual shall be responsible
  187  for the delivery of health services to offenders within the
  188  system and shall have direct professional authority over such
  189  services.
  190         3. Community corrections, which shall provide for
  191  coordination of community alternatives to incarceration and
  192  operational oversight of community corrections regions.
  193         4. Administrative services, which shall provide budget and
  194  accounting services within the department, including the
  195  construction and maintenance of correctional institutions, human
  196  resource management, research, planning and evaluation, and
  197  technology.
  198         5. Program, transition, and postrelease services, which
  199  shall provide for the direct management and supervision of all
  200  departmental programs, including the coordination and delivery
  201  of education and job training to the offenders in the custody of
  202  the department. In addition, this program shall provide for the
  203  direct management and supervision of all programs that furnish
  204  transition assistance to inmates who are or have recently been
  205  in the custody of the department, including the coordination,
  206  facilitation, and contract management of prerelease and
  207  postrelease transition services provided by governmental and
  208  private providers, including faith-based service groups.
  209         (4) FLORIDA CORRECTIONS COMMISSION.—The Florida Corrections
  210  Commission is created. The commission is assigned to the
  211  Department of Corrections for administrative and fiscal
  212  accountability purposes, but it shall otherwise function
  213  independently of the control, supervision, and direction of the
  214  department. The primary focus of the commission shall be on
  215  matters relating to corrections with an emphasis on the safe and
  216  effective operations of major correctional institutions.
  217  However, in instances in which the policies of other components
  218  of the criminal justice system affect corrections, the
  219  commission shall advise and make recommendations.
  220         (a) The commission shall consist of nine members appointed
  221  by the Governor and subject to confirmation by the Senate. The
  222  initial members of the commission shall be appointed by October
  223  1, 2015. Members of the commission shall be appointed for terms
  224  of 4 years. However, to achieve staggered terms, four of the
  225  initial members shall be appointed to 2-year terms. Members must
  226  be appointed in a manner that ensures equitable representation
  227  of different geographic regions of this state. Each member of
  228  the commission must be a resident and a registered voter of this
  229  state. A commission member must represent the state as a whole
  230  and may not subordinate the needs of the state to those of a
  231  particular region. The commission’s membership should, to the
  232  greatest extent possible, include a person with a background in
  233  law enforcement or jail management, a person with a background
  234  in criminal prosecution, a person with a background in criminal
  235  defense, a pastor or former prison chaplain, a community leader,
  236  and a business leader.
  237         (b) The primary duties and responsibilities of the Florida
  238  Corrections Commission include:
  239         1. Conducting investigations, internal affairs
  240  investigations, and criminal investigations.
  241         2. Conducting announced and unannounced inspections of
  242  correctional facilities, including facilities operated by
  243  private contractors. The commission may enter any place where
  244  prisoners in this state are kept and shall be immediately
  245  admitted to such place as they desire and may consult and confer
  246  with any prisoner privately and without molestation.
  247         3. Identifying and monitoring high-risk and problematic
  248  correctional facilities, and reporting findings and
  249  recommendations relating to such facilities.
  250         4. Continually monitoring on a statewide basis the
  251  incidence of inmate-on-inmate and officer-on-inmate violence and
  252  the introduction of contraband.
  253         5. Submitting an annual report to the Governor, the
  254  President of the Senate, and the Speaker of the House of
  255  Representatives by each November 1, beginning in 2016.
  256         6. Developing legislative, budgetary, and operational
  257  recommendations for correctional system improvement.
  258         7. Reviewing the annual Legislative Budget Request of the
  259  department and making recommendations and comments on such
  260  budgetary request to the Governor.
  261         8. Convening public hearings, for which the commission is
  262  authorized to issue subpoenas and take sworn testimony of
  263  witnesses.
  264         9. Conducting confidential interviews with staff, officers,
  265  inmates, correctional health care professionals, citizens,
  266  volunteers, and public officials relating to the operations and
  267  conditions of correctional facilities.
  268         10. Developing and implementing a set of standards and
  269  performance measures which establishes an accountability system
  270  that allows each correctional institution or facility to be
  271  individually measured annually for performance. The standards
  272  and measures shall be primarily focused on inmate achievement,
  273  inmate institutional adjustment, safe and secure prison
  274  operations, officer safety, officer training, and inmate safety.
  275  The Florida Corrections Commission shall maintain an
  276  accountability system that tracks the department’s progress
  277  toward meeting specified goals at both regional and
  278  institutional levels.
  279         (c) The commission may not enter into the day-to-day
  280  operation of the department, but may conduct investigations.
  281         (d) The commission shall hold a minimum of six regular
  282  meetings annually. A majority of the membership of the
  283  commission constitutes a quorum at any meeting of the
  284  commission. The chair shall be elected from the commission’s
  285  membership. The chair shall direct that complete and accurate
  286  minutes be kept of all commission meetings, which shall be open
  287  for public inspection. Additional meetings may be held upon the
  288  written request of at least four members, with at least 1 week’s
  289  notice of such meeting being given to all members and the public
  290  by the chair pursuant to chapter 120. Emergency meetings may be
  291  held without notice upon request of all members. Meetings of the
  292  commission shall be held at major correctional facilities around
  293  the state as determined by the chair.
  294         (e) The commission shall appoint an executive director who
  295  shall serve under the direction, supervision, and control of the
  296  commission. The executive director, with consent of the
  297  commission, shall employ staff as necessary to adequately
  298  perform the functions of the commission.
  299         (f) Commission members shall serve without compensation but
  300  are entitled to receive reimbursement for per diem and travel
  301  expenses as provided in s. 112.061.
  302         (g) Commission members may not have an immediate family
  303  member who works in the department or any private institution or
  304  contractor under contract with the department and may not have
  305  any interest, direct or indirect, in a contract, franchise,
  306  privilege, or other benefit granted or awarded by the
  307  department, or any of its contractors or subcontracts, while
  308  serving as a member of the commission.
  309         Section 2. The amendments made by this act to s. 20.315(3),
  310  Florida Statutes, do not apply to a Secretary of Corrections
  311  appointed before July 1, 2015.
  312         Section 3. Paragraph (d) is added to subsection (5) of
  313  section 216.136, Florida Statutes, to read:
  314         216.136 Consensus estimating conferences; duties and
  315  principals.—
  316         (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.—The Criminal
  317  Justice Estimating Conference shall:
  318         (d) Develop projections of prison admissions and
  319  populations for elderly felony offenders.
  320         Section 4. Subsection (7) of section 921.0021, Florida
  321  Statutes, is amended to read:
  322         921.0021 Definitions.—As used in this chapter, for any
  323  felony offense, except any capital felony, committed on or after
  324  October 1, 1998, the term:
  325         (7)(a) “Victim injury” means the physical injury or death
  326  suffered by a person as a direct result of the primary offense,
  327  or any additional offense, for which an offender is convicted
  328  and which is pending before the court for sentencing at the time
  329  of the primary offense.
  330         (b) Except as provided in paragraph (c) or paragraph (d),
  331         1. If the conviction is for an offense involving sexual
  332  contact that includes sexual penetration, the sexual penetration
  333  must be scored in accordance with the sentence points provided
  334  under s. 921.0024 for sexual penetration, regardless of whether
  335  there is evidence of any physical injury.
  336         2. If the conviction is for an offense involving sexual
  337  contact that does not include sexual penetration, the sexual
  338  contact must be scored in accordance with the sentence points
  339  provided under s. 921.0024 for sexual contact, regardless of
  340  whether there is evidence of any physical injury.
  341  
  342  If the victim of an offense involving sexual contact suffers any
  343  physical injury as a direct result of the primary offense or any
  344  additional offense committed by the offender resulting in
  345  conviction, such physical injury must be scored separately and
  346  in addition to the points scored for the sexual contact or the
  347  sexual penetration.
  348         (c) The sentence points provided under s. 921.0024 for
  349  sexual contact or sexual penetration may not be assessed for a
  350  violation of s. 944.35(3)(b)2.
  351         (c)(d) If the conviction is for the offense described in s.
  352  872.06, the sentence points provided under s. 921.0024 for
  353  sexual contact or sexual penetration may not be assessed.
  354         (d)(e) Notwithstanding paragraph (a), if the conviction is
  355  for an offense described in s. 316.027 and the court finds that
  356  the offender caused victim injury, sentence points for victim
  357  injury may be assessed against the offender.
  358         Section 5. Section 944.151, Florida Statutes, is amended to
  359  read:
  360         944.151 Safety and security of correctional institutions
  361  and facilities.—It is the intent of the Legislature that the
  362  Department of Corrections shall be responsible for the safe
  363  operation and security of the correctional institutions and
  364  facilities. The safe operation and security of the state’s
  365  correctional institutions and facilities is critical to ensure
  366  public safety and the safety of department employees and
  367  offenders and to contain violent and chronic offenders until
  368  offenders are otherwise released from the department’s custody
  369  pursuant to law. The Secretary of Corrections shall, at a
  370  minimum:
  371         (1) Appoint and designate select staff to the a safety and
  372  security review committee which shall, at a minimum, be composed
  373  of: the inspector general, the statewide security coordinator,
  374  the regional security coordinators, and three wardens and one
  375  correctional officer. The safety and security review committee
  376  shall evaluate new safety and security technology; review and
  377  discuss issues impacting correctional facilities; review and
  378  discuss current issues impacting correctional facilities; and
  379  review and discuss other issues as requested by management.:
  380         (a) Establish a periodic schedule for the physical
  381  inspection of buildings and structures of each state and private
  382  correctional institution to determine security deficiencies. In
  383  scheduling the inspections, priority shall be given to older
  384  institutions, institutions that house a large proportion of
  385  violent offenders, and institutions that have experienced a
  386  significant number of escapes or escape attempts in the past.
  387         (2)Ensure that appropriate staff establishes a periodic
  388  schedule for the physical inspection of buildings and structures
  389  of each state and private correctional institution and facility
  390  to determine safety and security deficiencies. In scheduling the
  391  inspections, priority shall be given to older institutions,
  392  institutions that house a large proportion of violent offenders,
  393  institutions with a high level of inappropriate incidents of use
  394  of force on inmates, assaults on employees, or inmate sexual
  395  abuse, and institutions that have experienced a significant
  396  number of escapes or escape attempts in the past.
  397         (a)(b)Ensure that appropriate staff conducts Conduct or
  398  causes cause to be conducted announced and unannounced
  399  comprehensive safety and security audits of all state and
  400  private correctional institutions. In conducting the security
  401  audits, priority shall be given to older institutions,
  402  institutions that house a large proportion of violent offenders,
  403  institutions with a high level of inappropriate incidents of use
  404  of force on inmates, assaults on employees, or inmate sexual
  405  abuse, and institutions that have experienced a history of
  406  escapes or escape attempts. At a minimum, the audit shall
  407  include an evaluation of the physical plant, which shall include
  408  the identification of blind spots or areas where staff or
  409  inmates may be isolated and the deployment of audio and video
  410  monitoring systems and other monitoring technologies in such
  411  areas, landscaping, fencing, security alarms and perimeter
  412  lighting, confinement, arsenal, key and lock, and entrance/exit
  413  and inmate classification and staffing policies. Each
  414  correctional institution shall be audited at least annually. The
  415  secretary shall
  416         (b) Report the general survey findings annually to the
  417  Governor and the Legislature.
  418         (c) Ensure appropriate staff investigates and evaluates the
  419  usefulness and dependability of existing safety and security
  420  technology at the institutions and new technology and video
  421  monitoring systems available and make periodic written
  422  recommendations to the secretary on the discontinuation or
  423  purchase of various safety and security devices.
  424         (d) Contract, if deemed necessary, with security personnel,
  425  consulting engineers, architects, or other safety and security
  426  experts the department deems necessary for safety and security
  427  consultant services.
  428         (e) Ensure appropriate staff, in conjunction with the
  429  regional offices, establishes a periodic schedule for conducting
  430  announced and unannounced escape simulation drills.
  431         (f) Adopt, enforce, and annually cause the evaluation of
  432  the emergency escape response procedures, which shall at a
  433  minimum include the immediate notification and inclusion of
  434  local and state law enforcement through mutual aid agreements.
  435         (g) Ensure appropriate staff reviews staffing policies,
  436  classification, and practices as needed.
  437         (3)(c) Adopt and enforce minimum safety and security
  438  standards and policies that include, but are not limited to:
  439         (a)1. Random monitoring of outgoing telephone calls by
  440  inmates.
  441         (b)2. Maintenance of current photographs of all inmates.
  442         (c)3. Daily inmate counts at varied intervals.
  443         (d)4. Use of canine units, where appropriate.
  444         (e)5. Use of escape alarms and perimeter lighting.
  445         (f)6. Florida Crime Information Center/National Crime
  446  Information Center capabilities.
  447         (g)7. Employment background investigations.
  448         (d) Annually make written prioritized budget
  449  recommendations to the secretary that identify critical security
  450  deficiencies at major correctional institutions.
  451         (e) Investigate and evaluate the usefulness and
  452  dependability of existing security technology at the
  453  institutions and new technology available and make periodic
  454  written recommendations to the secretary on the discontinuation
  455  or purchase of various security devices.
  456         (f) Contract, if deemed necessary, with security personnel,
  457  consulting engineers, architects, or other security experts the
  458  committee deems necessary for security audits and security
  459  consultant services.
  460         (g) Establish a periodic schedule for conducting announced
  461  and unannounced escape simulation drills.
  462         (4)(2)Direct staff to maintain and produce quarterly
  463  reports with accurate escape statistics. For the purposes of
  464  these reports, “escape” includes all possible types of escape,
  465  regardless of prosecution by the state attorney, and including
  466  offenders who walk away from nonsecure community facilities.
  467         (3) Adopt, enforce, and annually evaluate the emergency
  468  escape response procedures, which shall at a minimum include the
  469  immediate notification and inclusion of local and state law
  470  enforcement through a mutual aid agreement.
  471         (5)(4)Direct staff to submit in the annual legislative
  472  budget request a prioritized summary of critical safety and
  473  security deficiencies, and repair and renovation security needs.
  474         Section 6. Paragraphs (d) and (e) of subsection (4) of
  475  section 944.275, Florida Statutes, are amended to read:
  476         944.275 Gain-time.—
  477         (4)
  478         (d) Notwithstanding paragraph (b) subparagraphs (b)1. and
  479  2., the education program manager shall recommend, and the
  480  Department of Corrections may grant, a one-time award of 60
  481  additional days of incentive gain-time to an inmate who is
  482  otherwise eligible and who successfully completes requirements
  483  for and is awarded a high school equivalency diploma or
  484  vocational certificate. This incentive gain-time award may be
  485  granted to reduce any sentence for an offense committed on or
  486  after October 1, 1995. However, this gain-time may not be
  487  granted to reduce any sentence for an offense committed on or
  488  after October 1, 1995, if the inmate is, or has previously been,
  489  convicted of a violation of s. 794.011, s. 794.05, former s.
  490  796.03, former s. 796.035, s. 800.04, s. 825.1025, s. 827.03, s.
  491  827.071, s. 847.0133, s. 847.0135, s. 847.0137, s. 847.0138, s.
  492  847.0145, or s. 985.701(1), or a forcible felony offense that is
  493  specified in s. 776.08, except burglary as specified in s.
  494  810.02(4). An inmate subject to the 85 percent minimum service
  495  requirement pursuant to subparagraph (b)3. may not accumulate
  496  gain-time awards at any point when the tentative release date is
  497  the same as the 85 percent minimum service date of the sentence
  498  imposed. Under no circumstances may an inmate receive more than
  499  60 days for educational attainment pursuant to this section.
  500         (e) Notwithstanding subparagraph (b)3. and paragraph (d),
  501  for sentences imposed for offenses committed on or after October
  502  1, 2014, the department may not grant incentive gain-time if the
  503  offense is a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2.
  504  or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s.
  505  794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
  506         Section 7. Section 944.31, Florida Statutes, is amended to
  507  read:
  508         944.31 Inspector general; inspectors; power and duties.—
  509         (1) The inspector general shall be responsible for prison
  510  inspection and investigation, internal affairs investigations,
  511  and management reviews. The office of the inspector general
  512  shall be charged with the duty of inspecting the penal and
  513  correctional systems of the state. The office of the inspector
  514  general shall inspect each correctional institution or any place
  515  in which state prisoners are housed, worked, or kept within the
  516  state, with reference to its physical conditions, cleanliness,
  517  sanitation, safety, and comfort; the quality and supply of all
  518  bedding; the quality, quantity, and diversity of food served and
  519  the manner in which it is served; the number and condition of
  520  the prisoners confined therein; and the general conditions of
  521  each institution. The office of inspector general shall see that
  522  all the rules and regulations issued by the department are
  523  strictly observed and followed by all persons connected with the
  524  correctional systems of the state. The office of the inspector
  525  general shall coordinate and supervise the work of inspectors
  526  throughout the state. The inspector general and inspectors may
  527  enter any place where prisoners in this state are kept and shall
  528  be immediately admitted to such place as they desire and may
  529  consult and confer with any prisoner privately and without
  530  molestation. The inspector general and inspectors shall be
  531  responsible for criminal and administrative investigation of
  532  matters relating to the Department of Corrections. The secretary
  533  may designate persons within the office of the inspector general
  534  as law enforcement officers to conduct any criminal
  535  investigation that occurs on property owned or leased by the
  536  department or involves matters over which the department has
  537  jurisdiction. A person designated as a law enforcement officer
  538  must be certified pursuant to s. 943.1395 and must have a
  539  minimum of 3 years’ experience as an inspector in the inspector
  540  general’s office or as a law enforcement officer.
  541         (2) The department, after consultation with the Florida
  542  Corrections Commission, shall maintain a written memorandum of
  543  understanding with the Department of Law Enforcement for the
  544  notification and investigation of mutually agreed-upon predicate
  545  events that shall include, but are not limited to, suspicious
  546  deaths and organized criminal activity. A copy of an active
  547  memorandum of understanding shall be provided in a timely manner
  548  to the Governor, the President of the Senate, and the Speaker of
  549  the House of Representatives.
  550         (3) During investigations, the inspector general and
  551  inspectors may consult and confer with any prisoner or staff
  552  member privately and without molestation and persons designated
  553  as law enforcement officers under this section shall have the
  554  authority to arrest, with or without a warrant, any prisoner of
  555  or visitor to a state correctional institution for a violation
  556  of the criminal laws of the state involving an offense
  557  classified as a felony that occurs on property owned or leased
  558  by the department and may arrest offenders who have escaped or
  559  absconded from custody. Persons designated as law enforcement
  560  officers have the authority to arrest with or without a warrant
  561  a staff member of the department, including any contract
  562  employee, for a violation of the criminal laws of the state
  563  involving an offense classified as a felony under this chapter
  564  or chapter 893 on property owned or leased by the department. A
  565  person designated as a law enforcement officer under this
  566  section may make arrests of persons against whom arrest warrants
  567  have been issued, including arrests of offenders who have
  568  escaped or absconded from custody. The arrested person shall be
  569  surrendered without delay to the sheriff of the county in which
  570  the arrest is made, with a formal complaint subsequently made
  571  against her or him in accordance with law.
  572         (4) The inspector general, and inspectors who conduct
  573  sexual abuse investigations in confinement settings, shall
  574  receive specialized training in conducting such investigations.
  575  The department shall be responsible for providing the
  576  specialized training. Specialized training shall include, but
  577  need not be limited to, techniques for interviewing sexual abuse
  578  victims, proper use of Miranda and Garrity warnings, sexual
  579  abuse evidence collection in confinement settings, and the
  580  criteria and evidence required to substantiate a case for
  581  administrative action or prosecution.
  582         Section 8. Section 944.331, Florida Statutes, is amended to
  583  read:
  584         944.331 Inmate grievance procedure.—
  585         (1) The department shall establish by rule an inmate
  586  grievance procedure, which that must conform to the Minimum
  587  Standards for Inmate Grievance Procedures as promulgated by the
  588  United States Department of Justice pursuant to 42 U.S.C. s.
  589  1997e. The department’s office of general counsel shall oversee
  590  the grievance procedures established by the department.
  591         (2) In establishing grievance procedures, the department
  592  shall provide multiple internal avenues for inmates to privately
  593  report sexual abuse and sexual harassment and any staff neglect
  594  of, or failure to perform, responsibilities which may have
  595  contributed to such incidents. The procedures must allow reports
  596  to be made in writing by third parties.
  597         (3) The department, in consultation with the Correctional
  598  Medical Authority, shall review inmate health care grievance
  599  procedures at each correctional institution and private
  600  correctional facility to determine the procedural soundness and
  601  effectiveness of the current health care grievance process, to
  602  identify employees prone to misconduct directly related to the
  603  delivery of health care services, and to identify life
  604  threatening inmate health concerns. The review shall determine
  605  whether inmate health care grievances are being properly
  606  reported, transmitted, and processed; inmates are allowed
  607  writing utensils and paper; multiple channels of communication
  608  exist to report alleged abuse related to the delivery of health
  609  care services; and protocols are being implemented to protect an
  610  inmate who filed a grievance concerning the delivery of health
  611  care from retaliation for filing a complaint alleging staff
  612  misconduct.
  613         (4) The department shall review inmate grievance procedures
  614  at each correctional institution and private correctional
  615  facility to determine the procedural soundness and effectiveness
  616  of the current grievance process, to identify employees prone to
  617  misconduct, and to identify life-threatening inmate safety
  618  concerns. The review shall determine whether inmate grievances
  619  are being properly reported, transmitted, and processed; inmates
  620  are allowed writing utensils and paper; multiple channels of
  621  communication exist to report alleged abuse; and protocols are
  622  being implemented to protect an inmate who filed a grievance
  623  from retaliation for filing a complaint alleging staff
  624  misconduct.
  625         (5) Beginning October 1, 2015, the department in
  626  consultation with the Correctional Medical Authority shall
  627  annually report, and post to their respective websites, their
  628  joint findings. The authority shall document in the report its
  629  findings on the effectiveness of inmate health care grievance
  630  procedures; cite the number of health care grievances filed by
  631  inmates, by institution and by region; specify the types of
  632  health care problems alleged by inmates; and summarize the
  633  actions taken by the department or the authority as a result of
  634  its investigation of inmate health care grievances.
  635         Section 9. Section 944.35, Florida Statutes, is amended to
  636  read:
  637         944.35 Authorized use of force; malicious battery and
  638  sexual misconduct prohibited; reporting required; penalties.—
  639         (1)(a) An employee of the department is authorized to apply
  640  physical force upon an inmate only when and to the extent that
  641  it reasonably appears necessary:
  642         1. To defend himself or herself or another against such
  643  other imminent use of unlawful force;
  644         2. To prevent a person from escaping from a state
  645  correctional institution when the officer reasonably believes
  646  that person is lawfully detained in such institution;
  647         3. To prevent damage to property;
  648         4. To quell a disturbance;
  649         5. To overcome physical resistance to a lawful command; or
  650         6. To administer medical treatment only by or under the
  651  supervision of a physician or his or her designee and only:
  652         a. When treatment is necessary to protect the health of
  653  other persons, as in the case of contagious or venereal
  654  diseases; or
  655         b. When treatment is offered in satisfaction of a duty to
  656  protect the inmate against self-inflicted injury or death.
  657  
  658  As part of the correctional officer training program, the
  659  Criminal Justice Standards and Training Commission shall develop
  660  a course specifically designed to explain the parameters of this
  661  subsection and to teach the proper methods and techniques in
  662  applying authorized physical force upon an inmate. Effective
  663  October 1, 2015, this course shall include specialized training
  664  for effectively managing in nonforceful ways mentally ill
  665  inmates who may exhibit erratic behavior.
  666         (b) Following any use of force, a qualified health care
  667  provider shall examine any person physically involved to
  668  determine the extent of injury, if any, and shall prepare a
  669  report which shall include, but not be limited to, a statement
  670  of whether further examination by a physician is necessary. The
  671  identity of the qualified health care provider on the report
  672  shall be designated by using an employee identification number
  673  in lieu of a name and signature. Any noticeable physical injury
  674  shall be examined by a physician, and the physician shall
  675  prepare a report documenting the extent and probable cause of
  676  the injury and the treatment prescribed. Such report shall be
  677  completed within 5 working days of the incident and shall be
  678  submitted to the warden for appropriate investigation.
  679         (c) Each institution shall create and maintain a system to
  680  track episodes involving the use of force to determine if
  681  inmates require subsequent physical or mental health treatment.
  682         (d) No later than October 1 of each year, the department
  683  shall post on the agency website a report documenting incidents
  684  involving the use of force during the previous fiscal year. The
  685  report shall include, but not be limited to:
  686         1. Descriptive statistics on the reason force was used and
  687  whether the use of force was deemed appropriate;
  688         2. Multi-year statistics documenting annual trends in the
  689  use of force;
  690         3.Statistical information on the level of inmate or
  691  officer injury, including death, in incidents involving the use
  692  of force;
  693         4. A breakdown, by institution, of statistics on use of
  694  force; and
  695         5. Statistics on the number of employees who were
  696  disciplined or terminated because of their involvement in
  697  incidents involving the inappropriate use of force, based on
  698  notations of such incidents in their personnel files.
  699         (2) Each employee of the department who either applies
  700  physical force or was responsible for making the decision to
  701  apply physical force upon an inmate or an offender supervised by
  702  the department in the community pursuant to this subsection
  703  shall prepare, date, and sign under oath an independent report
  704  within 1 working day of the incident. The report shall be
  705  delivered to the warden or the circuit administrator, who shall
  706  forward the report with all appropriate documentation to the
  707  office of the inspector general. The inspector general shall
  708  conduct a review and make recommendations regarding the
  709  appropriateness or inappropriateness of the use of force. If the
  710  inspector general finds that the use of force was appropriate,
  711  the employee’s report, together with the inspector general’s
  712  written determination of the appropriateness of the force used
  713  and the reasons therefor, shall be forwarded to the circuit
  714  administrator or warden upon completion of the review. If the
  715  inspector general finds that the use of force was inappropriate,
  716  the inspector general shall conduct a complete investigation
  717  into the incident and forward the findings of fact to the
  718  appropriate regional director for further action. Copies of the
  719  employee’s report and the inspector general’s review shall be
  720  kept in the files of the inmate or the offender supervised by
  721  the department in the community. A notation of each incident
  722  involving use of force and the outcome based on the inspector
  723  general’s evaluation shall be kept in the employee’s file. An
  724  employee with two or more notations in the employee’s file for
  725  inappropriate use of force incidents, as specified in s. 944.35,
  726  shall not be assigned to transitional care, crisis
  727  stabilization, or corrections mental health treatment facility
  728  inmate housing units as defined in Florida Administrative Code.
  729  However, an employee with two or more notations in the
  730  employee’s file who remains free of inappropriate use of force
  731  incidents for a significant period may be permitted to work in
  732  the transitional care, crisis stabilization, or corrections
  733  mental health treatment facility inmate housing units.
  734         (3)(a)1. Any employee of the department, private provider,
  735  or private correctional facility who, with malicious intent,
  736  commits a battery upon an inmate or an offender supervised by
  737  the department in the community, commits a misdemeanor of the
  738  first degree, punishable as provided in s. 775.082 or s.
  739  775.083.
  740         2. Any employee of the department, private provider, or
  741  private correctional facility who, with malicious intent,
  742  commits a battery or inflicts cruel or inhuman treatment by
  743  neglect or otherwise, and in so doing causes great bodily harm,
  744  permanent disability, or permanent disfigurement to an inmate or
  745  an offender supervised by the department in the community,
  746  commits a felony of the third degree, punishable as provided in
  747  s. 775.082, s. 775.083, or s. 775.084.
  748         (b) As used in this paragraph, the termneglect of an
  749  inmate” means:
  750         1.A failure or omission on the part of an employee of the
  751  department, private provider, or private correctional facility,
  752  to:
  753         a. Provide an inmate with the care, supervision, and
  754  services necessary to maintain the inmate’s physical and mental
  755  health, including, but not limited to, food, nutrition,
  756  clothing, shelter, supervision, medicine, and medical services
  757  that a prudent person would consider essential for the well
  758  being of the inmate; or
  759         b.Make a reasonable effort to protect an inmate from
  760  abuse, neglect, or exploitation by another person.
  761         2.A determination of neglect of an inmate may be based on
  762  repeated conduct or on a single incident or omission that
  763  results in, or could reasonably be expected to result in,
  764  serious physical or psychological injury, or a substantial risk
  765  of death, to an inmate.
  766         3.An employee of the department, private provider, or
  767  private correctional facility who willfully or by culpable
  768  negligence neglects an inmate and in so doing causes great
  769  bodily harm, permanent disability, or permanent disfigurement to
  770  the inmate commits a felony of the second degree, punishable as
  771  provided in s. 775.082, s. 775.083, or s. 775.084.
  772         4.Any employee of the department, private provider, or
  773  private correctional facility who willfully or by culpable
  774  negligence neglects an elderly or disabled inmate without
  775  causing great bodily harm, permanent disability, or permanent
  776  disfigurement to the inmate commits a felony of the third
  777  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  778  775.084.
  779         (c)(b)1. As used in this paragraph, the term “sexual
  780  misconduct” means the oral, anal, or vaginal penetration by, or
  781  union with, the sexual organ of another or the anal or vaginal
  782  penetration of another by any other object, but does not include
  783  an act done for a bona fide medical purpose or an internal
  784  search conducted in the lawful performance of the employee’s
  785  duty.
  786         2. Any employee of the department or a private correctional
  787  facility as defined in s. 944.710 who engages in sexual
  788  misconduct with an inmate or an offender supervised by the
  789  department in the community, without committing the crime of
  790  sexual battery, commits a felony of the third degree, punishable
  791  as provided in s. 775.082, s. 775.083, or s. 775.084.
  792         3. The consent of the inmate or offender supervised by the
  793  department in the community to any act of sexual misconduct may
  794  not be raised as a defense to a prosecution under this
  795  paragraph.
  796         4. This paragraph does not apply to any employee of the
  797  department or any employee of a private correctional facility
  798  who is legally married to an inmate or an offender supervised by
  799  the department in the community, nor does it apply to any
  800  employee who has no knowledge, and would have no reason to
  801  believe, that the person with whom the employee has engaged in
  802  sexual misconduct is an inmate or an offender under community
  803  supervision of the department.
  804         (d)(c) Notwithstanding prosecution, any violation of the
  805  provisions of this subsection, as determined by the Public
  806  Employees Relations Commission, shall constitute sufficient
  807  cause under s. 110.227 for dismissal from employment with the
  808  department, and such person shall not again be employed in any
  809  capacity in connection with the correctional system.
  810         (e)(d) Each employee who witnesses, or has reasonable cause
  811  to suspect, that an inmate or an offender under the supervision
  812  of the department in the community has been unlawfully abused or
  813  is the subject of sexual misconduct pursuant to this subsection
  814  shall immediately prepare, date, and sign an independent report
  815  specifically describing the nature of the force used or the
  816  nature of the sexual misconduct, the location and time of the
  817  incident, and the persons involved. The report shall be
  818  delivered to the inspector general of the department with a copy
  819  to be delivered to the warden of the institution or the regional
  820  administrator. The inspector general shall immediately conduct
  821  an appropriate investigation, and, if probable cause is
  822  determined that a violation of this subsection has occurred, the
  823  respective state attorney in the circuit in which the incident
  824  occurred shall be notified.
  825         (f) If an employee of the department, private provider, or
  826  private correctional facility who witnesses unlawful abuse or
  827  neglect or has reasonable cause to suspect that an inmate has
  828  been unlawfully abused or neglected, as the term “neglected” is
  829  defined in paragraph (b), fears retaliation by coworkers or
  830  supervisors if he or she submits a report as provided in
  831  paragraph (e), the employee may anonymously and confidentially
  832  report the inmate abuse or neglect directly to the department’s
  833  Office of Inspector General.
  834         (4)(a) Any employee required to report pursuant to this
  835  section who knowingly or willfully fails to do so, or who
  836  knowingly or willfully prevents another person from doing so,
  837  commits a misdemeanor of the first degree, punishable as
  838  provided in s. 775.082 or s. 775.083.
  839         (b) Any person who knowingly or willfully submits
  840  inaccurate, incomplete, or untruthful information with regard to
  841  reports required in this section commits a misdemeanor of the
  842  first degree, punishable as provided in s. 775.082 or s.
  843  775.083.
  844         (c) Any person who knowingly or willfully coerces or
  845  threatens any other person with the intent to alter either
  846  testimony or a written report regarding an incident where force
  847  was used or an incident of sexual misconduct commits a felony of
  848  the third degree, punishable as provided in s. 775.082, s.
  849  775.083, or s. 775.084.
  850  
  851  As part of the correctional officer training program, the
  852  Criminal Justice Standards and Training Commission shall develop
  853  course materials for inclusion in the appropriate required
  854  course specifically designed to explain the parameters of this
  855  subsection, teach communication techniques related to crisis
  856  stabilization to avoid the use of force, and to teach sexual
  857  assault identification and prevention methods and techniques.
  858         (5) The department shall establish a policy to protect from
  859  retaliation inmates and employees who report physical or sexual
  860  abuse. This policy shall establish multiple protective measures
  861  for both inmates and employees relating to the reporting of
  862  abuse as well as designate a method of monitoring follow up.
  863         (6) The department shall establish a usage and inventory
  864  policy to track, by institution, the use of chemical agents and
  865  the disposal of expired, used, or damaged canisters of chemical
  866  agents. The policy shall include, but not be limited to, a
  867  requirement that a numbered seal be affixed to each chemical
  868  agent canister in such a manner that the canister cannot be
  869  removed from the carrier without breaking the seal. All
  870  canisters in the carriers will be checked out at the beginning
  871  of each shift and checked back in at the end of the shift. The
  872  shift supervisor should be charged with verifying the condition
  873  of the numbered seals and periodically weighing random canisters
  874  to insure that they have not been used without the required
  875  documentation.
  876         Section 10. Section 944.8041, Florida Statutes, is amended
  877  to read:
  878         944.8041 Elderly offenders; annual review.—
  879         (1) For the purpose of providing information to the
  880  Legislature on elderly offenders within the correctional system,
  881  the department and the Correctional Medical Authority shall each
  882  submit annually a report on the status and treatment of elderly
  883  offenders in the state-administered and private state
  884  correctional systems and the department’s geriatric facilities
  885  and dorms. In order to adequately prepare the reports, the
  886  department and the Department of Management Services shall grant
  887  access to the Correctional Medical Authority that includes
  888  access to the facilities, offenders, and any information the
  889  agencies require to complete their reports. The review shall
  890  also include an examination of promising geriatric policies,
  891  practices, and programs currently implemented in other
  892  correctional systems within the United States. The reports, with
  893  specific findings and recommendations for implementation, shall
  894  be submitted to the President of the Senate and the Speaker of
  895  the House of Representatives on or before December 31 of each
  896  year.
  897         (2) The department, in producing the annual report required
  898  under s. 20.315, shall report the cost of health care provided
  899  to elderly inmates. The report shall include, but need not be
  900  limited to, the average cost per year to incarcerate an elderly
  901  inmate and the types of health care delivered to elderly inmates
  902  which result in the highest expenditures.
  903         Section 11. Section 944.805, Florida Statutes, is created
  904  to read:
  905         944.805 Veterans programs in state and private correctional
  906  institutions.—
  907         (1) The Legislature finds and declares that specialized
  908  programs for veterans offered in state and private correctional
  909  institutions have the potential to facilitate inmate
  910  institutional adjustment, help inmates assume personal
  911  responsibility, and ease community reentry through the
  912  availability of expanded community resources. For the purposes
  913  of this section, the term “veteran” has the same meaning as it
  914  is defined in s. 1.01(14).
  915         (2) It is the intent of the Legislature that the department
  916  expand the use of specialized dormitories for veterans. It is
  917  also the intent of the Legislature that veterans housed in state
  918  and private correctional institutions be provided special
  919  assistance before their release by identifying benefits and
  920  services available in the community where the veteran plans to
  921  reside.
  922         (3) The department shall measure recidivism rates for
  923  veterans who have participated in specialized dormitories and
  924  for veterans who have received special assistance in community
  925  reentry. The findings shall be included in the annual report
  926  required under s. 20.315.
  927         Section 12. Effective upon SB 540 or similar legislation
  928  creating the “State Operated Institutions Inmate Welfare Trust
  929  Fund” being adopted in the 2015 Regular Session or an extension
  930  thereof and becoming law, subsection (1) of section 945.215,
  931  Florida Statutes, is amended, present subsections (2) and (3)
  932  are redesignated as subsections (3) and (4), respectively, and a
  933  new subsection (2) is added to that section, to read:
  934         945.215 Inmate welfare and employee benefit trust funds.—
  935         (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS; STATE
  936  OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.—
  937         (a) The From the net proceeds from operating inmate
  938  canteens, vending machines used primarily by inmates and
  939  visitors, hobby shops, and other such facilities must be
  940  deposited in the State Operated Institutions Inmate Welfare
  941  Trust Fund or, as set forth in this section, in the General
  942  Revenue Fund; however, funds necessary to purchase items for
  943  resale at inmate canteens and vending machines must be deposited
  944  into local bank accounts designated by the department.
  945         (b) All proceeds from contracted telephone commissions must
  946  be deposited in the State Operated Institutions Inmate Welfare
  947  Trust Fund or, as set forth in this section, in the General
  948  Revenue Fund. The department shall develop and update, as
  949  necessary, administrative procedures to verify that:
  950         1. Contracted telephone companies accurately record and
  951  report all telephone calls made by inmates incarcerated in
  952  correctional facilities under the department’s jurisdiction;
  953         2. Persons who accept collect calls from inmates are
  954  charged the contracted rate; and
  955         3. The department receives the contracted telephone
  956  commissions.
  957         (c) Any funds that may be assigned by inmates or donated to
  958  the department by the general public or an inmate service
  959  organization must be deposited in the State Operated
  960  Institutions Inmate Welfare Trust Fund or, as set forth in this
  961  section, in the General Revenue Fund; however, the department
  962  shall not accept any donation from, or on behalf of, any
  963  individual inmate.
  964         (d) All proceeds from the following sources must be
  965  deposited in the State Operated Institutions Inmate Welfare
  966  Trust Fund or, as set forth in this section, in the General
  967  Revenue Fund:
  968         1. The confiscation and liquidation of any contraband found
  969  upon, or in the possession of, any inmate;
  970         2. Disciplinary fines imposed against inmates;
  971         3. Forfeitures of inmate earnings; and
  972         4. Unexpended balances in individual inmate trust fund
  973  accounts of less than $1.
  974         (e) Items for resale at inmate canteens and vending
  975  machines maintained at the correctional facilities shall be
  976  priced comparatively with like items for retail sale at fair
  977  market prices.
  978         (f) Notwithstanding any other provision of law, inmates
  979  with sufficient balances in their individual inmate bank trust
  980  fund accounts, after all debts against the account are
  981  satisfied, shall be allowed to request a weekly draw of up to an
  982  amount set by the Secretary of Corrections, not to exceed $100,
  983  to be expended for personal use on canteen and vending machine
  984  items.
  985         (2)(a) The State Operated Institutions Inmate Welfare Trust
  986  Fund constitutes a trust held by the department for the benefit
  987  and welfare of inmates incarcerated in correctional facilities
  988  operated directly by the department.
  989         (b) Deposits into the State Operated Institutions Inmate
  990  Welfare Trust Fund shall not exceed a total of $5 million in any
  991  fiscal year. Any proceeds or funds that would cause deposits
  992  into the State Operated Institutions Inmate Welfare Trust Fund
  993  to exceed this restriction shall be deposited into the General
  994  Revenue Fund.
  995         (c) Funds in the State Operated Institutions Inmate Welfare
  996  Trust Fund shall be used exclusively for the following purposes
  997  at correctional facilities operated by the department:
  998         1. To provide literacy programs, vocational training
  999  programs, and educational programs;
 1000         2. To operate inmate chapels, faith-based programs,
 1001  visiting pavilions, visiting services and programs, family
 1002  services and programs, and libraries;
 1003         3. To provide inmate substance abuse treatment programs and
 1004  transition and life skills training programs;
 1005         4. To provide for the purchase, rental, maintenance or
 1006  repair of electronic or audio visual equipment used by inmates;
 1007         5. To provide for the purchase, rental, maintenance or
 1008  repair of recreation and wellness equipment; or
 1009         6. To provide for the purchase, rental, maintenance, or
 1010  repair of bicycles used by inmates traveling to and from
 1011  employment in the work-release program authorized in s.
 1012  945.091(1)(b).
 1013         (d)Funds in the State Operated Institutions Inmate Welfare
 1014  Trust Fund shall be expended only pursuant to legislative
 1015  appropriation.
 1016         (e) The department shall annually compile a report that
 1017  specifically documents State Operated Institutions Inmate
 1018  Welfare Trust Fund receipts and expenditures. This report shall
 1019  be compiled at both the statewide and institutional levels. The
 1020  department must submit this report for the previous fiscal year
 1021  by September 1 of each year to the chairs of the appropriate
 1022  substantive and fiscal committees of the Senate and the House of
 1023  Representatives and to the Executive Office of the Governor.
 1024         (f) Funds in the State Operated Institutions Inmate Welfare
 1025  Trust Fund or any other fund may not be used to purchase weight
 1026  training equipment.
 1027         Section 13. Subsection (7) is added to section 945.48,
 1028  Florida Statutes, to read:
 1029         945.48 Rights of inmates provided mental health treatment;
 1030  procedure for involuntary treatment; correctional officer
 1031  staffing requirements.—
 1032         (7) CORRECTIONAL OFFICER STAFFING.—A correctional officer
 1033  who has close contact with inmates housed in a mental health
 1034  treatment facility shall annually complete training in crisis
 1035  intervention. An employee with two or more notations in the
 1036  employee’s file for inappropriate use of force incidents, as
 1037  specified in s. 944.35, may not be assigned to transitional
 1038  care, crisis stabilization, or corrections mental health
 1039  treatment facility inmate housing units as defined in the
 1040  Florida Administrative Code. However, an employee with two or
 1041  more notations in the employee’s file who remains free of
 1042  inappropriate use of force incidents for a significant period
 1043  may be permitted to work in the transitional care, crisis
 1044  stabilization, or corrections mental health treatment facility
 1045  inmate housing units.
 1046         Section 14. Subsection (2) of section 945.6031, Florida
 1047  Statutes, is amended to read:
 1048         945.6031 Required reports and surveys.—
 1049         (2) The authority shall conduct surveys of the physical and
 1050  mental health care system at each correctional institution at
 1051  least every 18 months triennially and shall report the survey
 1052  findings for each institution to the Secretary of Corrections.
 1053         Section 15. Section 945.6033, Florida Statutes, is amended
 1054  to read:
 1055         945.6033 Continuing contracts with health care providers.—
 1056         (1) The Department of Corrections may enter into continuing
 1057  contracts with licensed health care providers, including
 1058  hospitals and health maintenance organizations, for the
 1059  provision of inmate health care services which the department is
 1060  unable to provide in its facilities.
 1061         (2) The Department of Corrections, in negotiating contracts
 1062  for the delivery of inmate health care, shall only enter into
 1063  contracts which contain damage provisions.
 1064         Section 16. Subsection (1) of section 945.6034, Florida
 1065  Statutes, is amended to read:
 1066         945.6034 Minimum health care standards.—
 1067         (1) The Assistant Secretary for Health Services is
 1068  responsible for developing a comprehensive health care delivery
 1069  system and promulgating all department health care standards.
 1070  Such health care standards shall include, but are not limited
 1071  to, rules relating to the management structure of the health
 1072  care system and the provision of health care services to
 1073  inmates, health care policies, health care plans, quality
 1074  management systems and procedures, health service bulletins, and
 1075  treatment protocols. In establishing standards of care, the
 1076  department shall examine and consider the needs of inmates over
 1077  50 years of age and adopt health care standards unique to this
 1078  population.
 1079         Section 17. Section 945.6039, Florida Statutes, is created
 1080  to read:
 1081         945.6039 Independent Medical Evaluations and Examinations.
 1082  The department shall promulgate rules and permit an inmate’s
 1083  family member, lawyer, or interested party to hire and pay for
 1084  an independent medical evaluation or examination by a medical
 1085  professional of an incarcerated inmate. The results of the
 1086  medical evaluation or examination shall be provided to the
 1087  department and to the Commission on Offender Review. The purpose
 1088  of these outside evaluations is to assist in the delivery of
 1089  medical care to the inmate and to assist the Commission on
 1090  Offender Review in considering an inmate for conditional medical
 1091  release. Inmates at all department facilities and the contracted
 1092  private correctional facilities are eligible for consideration
 1093  to arrange for these medical evaluations. The department’s
 1094  contracted private health care providers may also provide such
 1095  medical evaluations. The department, the private correctional
 1096  facilities, and private health care providers shall provide
 1097  reasonable and timely access to the inmate once a family member,
 1098  lawyer, or interested party provides a written request for
 1099  access.
 1100         Section 18. Present paragraphs (a) and (b) of subsection
 1101  (1) of section 947.149, Florida Statutes, are redesignated as
 1102  paragraphs (b) and (c), respectively, and a new paragraph (a) is
 1103  added to that subsection, to read:
 1104         947.149 Conditional medical release.—
 1105         (1) The commission shall, in conjunction with the
 1106  department, establish the conditional medical release program.
 1107  An inmate is eligible for consideration for release under the
 1108  conditional medical release program when the inmate, because of
 1109  an existing medical or physical condition, is determined by the
 1110  department to be within one of the following designations:
 1111         (a) “Elderly and infirm inmate,” which means an inmate who
 1112  has no current or prior convictions for capital or first degree
 1113  felonies, who has no current or prior convictions for sexual
 1114  offenses or offenses against children, who is over 70 years of
 1115  age, and who has a condition caused by injury, disease, or
 1116  illness which, to a reasonable degree of medical certainty,
 1117  renders the inmate infirm or physically impaired to the extent
 1118  that the inmate does not constitute a danger to himself or
 1119  herself or others.
 1120         Section 19. Subsection (5) of section 948.10, Florida
 1121  Statutes, is amended to read:
 1122         948.10 Community control programs.—
 1123         (5) In its annual report to the Governor, the President of
 1124  the Senate, and the Speaker of the House of Representatives
 1125  under s. 20.315(6) s. 20.315(5), the department shall include a
 1126  detailed analysis of the community control program and the
 1127  department’s specific efforts to protect the public from
 1128  offenders placed on community control. The analysis must
 1129  include, but need not be limited to, specific information on the
 1130  department’s ability to meet minimum officer-to-offender contact
 1131  standards, the number of crimes committed by offenders on
 1132  community control, and the level of community supervision
 1133  provided.
 1134         Section 20. Subsection (1) of section 951.221, Florida
 1135  Statutes, is amended to read:
 1136         951.221 Sexual misconduct between detention facility
 1137  employees and inmates; penalties.—
 1138         (1) Any employee of a county or municipal detention
 1139  facility or of a private detention facility under contract with
 1140  a county commission who engages in sexual misconduct, as defined
 1141  in s. 944.35(3)(c)1. s. 944.35(3)(b)1., with an inmate or an
 1142  offender supervised by the facility without committing the crime
 1143  of sexual battery commits a felony of the third degree,
 1144  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1145  The consent of an inmate to any act of sexual misconduct may not
 1146  be raised as a defense to prosecution under this section.
 1147         Section 21. For the purpose of incorporating the amendment
 1148  made by this act to section 944.35, Florida Statutes, in a
 1149  reference thereto, paragraph (uu) of subsection (2) of section
 1150  435.04, Florida Statutes, is reenacted to read:
 1151         435.04 Level 2 screening standards.—
 1152         (2) The security background investigations under this
 1153  section must ensure that no persons subject to the provisions of
 1154  this section have been arrested for and are awaiting final
 1155  disposition of, have been found guilty of, regardless of
 1156  adjudication, or entered a plea of nolo contendere or guilty to,
 1157  or have been adjudicated delinquent and the record has not been
 1158  sealed or expunged for, any offense prohibited under any of the
 1159  following provisions of state law or similar law of another
 1160  jurisdiction:
 1161         (uu) Section 944.35(3), relating to inflicting cruel or
 1162  inhuman treatment on an inmate resulting in great bodily harm.
 1163         Section 22. For the purpose of incorporating the amendment
 1164  made by this act to section 944.35, Florida Statutes, in a
 1165  reference thereto, paragraph (f) of subsection (3) of section
 1166  921.0022, Florida Statutes, is reenacted to read:
 1167         921.0022 Criminal Punishment Code; offense severity ranking
 1168  chart.—
 1169         (3) OFFENSE SEVERITY RANKING CHART
 1170         (f) LEVEL 6
 1171  
 1172  FloridaStatute              FelonyDegree        Description        
 1173  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 1174  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 1175  499.0051(3)                      2nd     Knowing forgery of pedigree papers.
 1176  499.0051(4)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 1177  499.0051(5)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 1178  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 1179  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 1180  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 1181  784.041                          3rd     Felony battery; domestic battery by strangulation.
 1182  784.048(3)                       3rd     Aggravated stalking; credible threat.
 1183  784.048(5)                       3rd     Aggravated stalking of person under 16.
 1184  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 1185  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 1186  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 1187  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 1188  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 1189  784.083(2)                       2nd     Aggravated assault on code inspector.
 1190  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 1191  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 1192  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 1193  790.164(1)                       2nd     False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
 1194  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 1195  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 1196  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 1197  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 1198  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 1199  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 1200  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 1201  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 1202  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 1203  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1204  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
 1205  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
 1206  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1207  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1208  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1209  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1210  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1211  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1212  827.03(2)(c)                     3rd     Abuse of a child.         
 1213  827.03(2)(d)                     3rd     Neglect of a child.       
 1214  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1215  836.05                           2nd     Threats; extortion.       
 1216  836.10                           2nd     Written threats to kill or do bodily injury.
 1217  843.12                           3rd     Aids or assists person to escape.
 1218  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1219  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1220  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1221  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1222  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 1223  944.40                           2nd     Escapes.                  
 1224  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1225  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1226  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
 1227  
 1228         Section 23. For the purpose of incorporating the amendment
 1229  made by this act to section 945.215, Florida Statutes, in a
 1230  reference thereto, subsection (1) of section 944.72, Florida
 1231  Statutes, is reenacted to read:
 1232         944.72 Privately Operated Institutions Inmate Welfare Trust
 1233  Fund.—
 1234         (1) There is hereby created in the Department of
 1235  Corrections the Privately Operated Institutions Inmate Welfare
 1236  Trust Fund. The purpose of the trust fund shall be the benefit
 1237  and welfare of inmates incarcerated in private correctional
 1238  facilities under contract with the department pursuant to this
 1239  chapter or the Department of Management Services pursuant to
 1240  chapter 957. Moneys shall be deposited in the trust fund and
 1241  expenditures made from the trust fund as provided in s. 945.215.
 1242         Section 24. For the purpose of incorporating the amendment
 1243  made by this act to section 945.215, Florida Statutes, in a
 1244  reference thereto, subsection (1) of section 945.21501, Florida
 1245  Statutes, is reenacted to read:
 1246         945.21501 Employee Benefit Trust Fund.—
 1247         (1) There is hereby created in the Department of
 1248  Corrections the Employee Benefit Trust Fund. The purpose of the
 1249  trust fund shall be to:
 1250         (a) Construct, operate, and maintain training and
 1251  recreation facilities at correctional facilities for the
 1252  exclusive use of department employees. Any facility constructed
 1253  using funds from the Employee Benefit Trust Fund is the property
 1254  of the department and must provide the maximum benefit to all
 1255  interested employees, regardless of gender.
 1256         (b) Provide funding for employee appreciation programs and
 1257  activities designed to enhance the morale of employees.
 1258  
 1259  Moneys shall be deposited in the trust fund as provided in s.
 1260  945.215.
 1261         Section 25. For the purpose of incorporating the amendment
 1262  made by this act to section 945.215, Florida Statutes, in a
 1263  reference thereto, section 945.2151, Florida Statutes, is
 1264  reenacted to read:
 1265         945.2151 Verifying social security numbers.—Prior to
 1266  opening a canteen account pursuant to s. 945.215, an inmate who
 1267  is eligible to receive a social security number must report his
 1268  or her social security number. The department shall, in
 1269  adherence with its agreement with the Social Security
 1270  Administration and in a timely manner, submit sufficient and
 1271  necessary information to verify that the reported inmate’s
 1272  social security number is accurate and properly belongs to the
 1273  inmate. If the Social Security Administration is unable to
 1274  verify a reported social security number for an inmate, the
 1275  department shall prohibit canteen purchases by the inmate if the
 1276  department concludes that the inmate was deceptive in reporting
 1277  the social security number. The prohibition against purchasing
 1278  canteen items will remain in effect until a verified social
 1279  security number is obtained.
 1280         Section 26. Except as otherwise provided in this act, this
 1281  act shall take effect July 1, 2015.