The Florida Senate

957.06  Powers and duties not delegable to contractor.--A contract entered into under this chapter does not authorize, allow, or imply a delegation of authority to the contractor to:

(1)  Make a final determination on the custody classification of an inmate. The contractor may submit a recommendation for a custody change on an inmate; however, any recommendation made shall be in compliance with the department's custody classification system.

(2)  Choose the facility to which an inmate is initially assigned or subsequently transferred. The contractor may request, in writing, that an inmate be transferred to a facility operated by the department. The commission, the contractor, and a representative of the department shall develop and implement a cooperative agreement for transferring inmates between a correctional facility operated by the department and a private correctional facility. The department, the commission, and the contractor must comply with the cooperative agreement.

(3)  Develop or adopt disciplinary rules or penalties that differ from the disciplinary rules and penalties that apply to inmates housed in correctional facilities operated by the department.

(4)  Make a final determination on a disciplinary action that affects the liberty of an inmate. The contractor may remove an inmate from the general prison population during an emergency, before final resolution of a disciplinary hearing, or in response to an inmate's request for assigned housing in protective custody.

(5)  Make a decision that affects the sentence imposed upon or the time served by an inmate, including a decision to award, deny, or forfeit gain-time.

(6)  Make recommendations to the Parole Commission with respect to the denial or granting of parole, control release, conditional release, or conditional medical release. However, the contractor may submit written reports to the Parole Commission and must respond to a written request by the Parole Commission for information.

(7)  Develop and implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the commission.

(8)  Determine inmate eligibility for any form of conditional, temporary, or permanent release from a correctional facility.

History.--s. 40, ch. 93-406; s. 3, ch. 94-148; s. 49, ch. 95-283.