Bill Amendment: FL S7020 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Corrections
Status: 2015-04-29 - Died in returning Messages [S7020 Detail]
Download: Florida-2015-S7020-Senate_Committee_Amendment_459704.html
Bill Title: Corrections
Status: 2015-04-29 - Died in returning Messages [S7020 Detail]
Download: Florida-2015-S7020-Senate_Committee_Amendment_459704.html
Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SPB 7020
Ì4597042Î459704
LEGISLATIVE ACTION
Senate . House
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The Committee on Criminal Justice (Evers) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 116 - 749
4 and insert:
5 Section 2. Section 944.151, Florida Statutes, is amended to
6 read:
7 944.151 Safety and security of correctional institutions
8 and facilities.—It is the intent of the Legislature that the
9 Department of Corrections shall be responsible for the safe
10 operation and security of the correctional institutions and
11 facilities. The safe operation and security of the state’s
12 correctional institutions and facilities is critical to ensure
13 public safety and the safety of department employees and
14 offenders and to contain violent and chronic offenders until
15 offenders are otherwise released from the department’s custody
16 pursuant to law. The Secretary of Corrections shall, at a
17 minimum:
18 (1) Appoint and designate select staff to the a safety and
19 security review committee which shall, at a minimum, be composed
20 of: the inspector general, the statewide security coordinator,
21 the regional security coordinators, and three wardens and one
22 correctional officer. The safety and security review committee
23 shall evaluate new safety and security technology; review and
24 discuss issues impacting correctional facilities; review and
25 discuss current issues impacting correctional facilities; and
26 review and discuss other issues as requested by management.:
27 (a) Establish a periodic schedule for the physical
28 inspection of buildings and structures of each state and private
29 correctional institution to determine security deficiencies. In
30 scheduling the inspections, priority shall be given to older
31 institutions, institutions that house a large proportion of
32 violent offenders, and institutions that have experienced a
33 significant number of escapes or escape attempts in the past.
34 (2) Ensure that appropriate staff establishes a periodic
35 schedule for the physical inspection of buildings and structures
36 of each state and private correctional institution and facility
37 to determine safety and security deficiencies. In scheduling the
38 inspections, priority shall be given to older institutions,
39 institutions that house a large proportion of violent offenders,
40 institutions with a high level of inappropriate incidents of use
41 of force on inmates, assaults on employees, or inmate sexual
42 abuse, and institutions that have experienced a significant
43 number of escapes or escape attempts in the past.
44 (a)(b) Ensure that appropriate staff conducts Conduct or
45 causes cause to be conducted announced and unannounced
46 comprehensive safety and security audits of all state and
47 private correctional institutions. These audits shall give
48 priority to those institutions with a high level of
49 inappropriate incidents of use of force on inmates, assaults on
50 employees, or inmate sexual abuse. In conducting the security
51 audits, priority shall be given to older institutions,
52 institutions that house a large proportion of violent offenders,
53 and institutions that have experienced a history of escapes or
54 escape attempts. At a minimum, the audit shall include an
55 evaluation of the physical plant, which shall include the
56 identification of blind spots or areas where staff or inmates
57 may be isolated and the deployment of video monitoring systems
58 and other monitoring technologies in such areas, landscaping,
59 fencing, security alarms and perimeter lighting, confinement,
60 arsenal, key and lock, and entrance/exit and inmate
61 classification and staffing policies. Each correctional
62 institution shall be audited at least annually. The secretary
63 shall
64 (b) Report the general survey findings annually to the
65 Governor and the Legislature.
66 (c) Ensure appropriate staff investigates and evaluates the
67 usefulness and dependability of existing safety and security
68 technology at the institutions and new technology and video
69 monitoring systems available and make periodic written
70 recommendations to the secretary on the discontinuation or
71 purchase of various safety and security devices.
72 (d) Contract, if deemed necessary, with security personnel,
73 consulting engineers, architects, or other safety and security
74 experts the department deems necessary for safety and security
75 consultant services.
76 (e) Ensure appropriate staff, in conjunction with the
77 regional offices, establishes a periodic schedule for conducting
78 announced and unannounced escape simulation drills.
79 (f) Adopt, enforce, and annually cause the evaluation of
80 the emergency escape response procedures, which shall at a
81 minimum include the immediate notification and inclusion of
82 local and state law enforcement through mutual aid agreements.
83 (g) Ensure appropriate staff reviews staffing policies and
84 practices as needed.
85 (3)(c) Adopt and enforce minimum safety and security
86 standards and policies that include, but are not limited to:
87 1. Random monitoring of outgoing telephone calls by
88 inmates.
89 2. Maintenance of current photographs of all inmates.
90 3. Daily inmate counts at varied intervals.
91 4. Use of canine units, where appropriate.
92 5. Use of escape alarms and perimeter lighting.
93 6. Florida Crime Information Center/National Crime
94 Information Center capabilities.
95 7. Employment background investigations.
96 (d) Annually make written prioritized budget
97 recommendations to the secretary that identify critical security
98 deficiencies at major correctional institutions.
99 (e) Investigate and evaluate the usefulness and
100 dependability of existing security technology at the
101 institutions and new technology available and make periodic
102 written recommendations to the secretary on the discontinuation
103 or purchase of various security devices.
104 (f) Contract, if deemed necessary, with security personnel,
105 consulting engineers, architects, or other security experts the
106 committee deems necessary for security audits and security
107 consultant services.
108 (g) Establish a periodic schedule for conducting announced
109 and unannounced escape simulation drills.
110 (4)(2) Direct staff to maintain and produce quarterly
111 reports with accurate escape statistics. For the purposes of
112 these reports, “escape” includes all possible types of escape,
113 regardless of prosecution by the state attorney, and including
114 offenders who walk away from nonsecure community facilities.
115 (3) Adopt, enforce, and annually evaluate the emergency
116 escape response procedures, which shall at a minimum include the
117 immediate notification and inclusion of local and state law
118 enforcement through a mutual aid agreement.
119 (5)(4) Direct staff to submit in the annual legislative
120 budget request a prioritized summary of critical safety and
121 security deficiencies, and repair and renovation security needs.
122 Section 3. Paragraphs (d) and (e) of subsection (4) of
123 section 944.275, Florida Statutes, are amended to read:
124 944.275 Gain-time.—
125 (4)
126 (d) Notwithstanding paragraph (b) subparagraphs (b)1. and
127 2., the education program manager shall recommend, and the
128 Department of Corrections may grant, a one-time award of 60
129 additional days of incentive gain-time to an inmate who is
130 otherwise eligible and who successfully completes requirements
131 for and is awarded a high school equivalency diploma or
132 vocational certificate. This incentive gain-time award may be
133 granted to reduce any sentence for an offense committed on or
134 after October 1, 1995. However, this gain-time may not be
135 granted to reduce any sentence for an offense committed on or
136 after October 1, 1995, if the inmate is, or has previously been,
137 convicted of a violation of s. 794.011, s. 794.05, former s.
138 796.03, former s. 796.035, s. 800.04, s. 825.1025, s. 827.03, s.
139 827.071, s. 847.0133, s. 847.0135, s. 847.0137, s. 847.0138, s.
140 847.0145, or s. 985.701(1), or a forcible felony offense that is
141 specified in s. 776.08, except burglary as specified in s.
142 810.02(4). An inmate subject to the 85 percent minimum service
143 requirement pursuant to subparagraph (b)3. may not accumulate
144 gain-time awards at any point when the tentative release date is
145 the same as the 85 percent minimum service date of the sentence
146 imposed. Under no circumstances may an inmate receive more than
147 60 days for educational attainment pursuant to this section.
148 (e) Notwithstanding subparagraph (b)3. and paragraph (d),
149 for sentences imposed for offenses committed on or after October
150 1, 2014, the department may not grant incentive gain-time if the
151 offense is a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2.
152 or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s.
153 794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
154 Section 4. Section 944.31, Florida Statutes, is amended to
155 read:
156 944.31 Inspector general; inspectors; power and duties.—
157 (1) The inspector general shall be responsible for prison
158 inspection and investigation, internal affairs investigations,
159 and management reviews. The office of the inspector general
160 shall be charged with the duty of inspecting the penal and
161 correctional systems of the state. The office of the inspector
162 general shall inspect each correctional institution or any place
163 in which state prisoners are housed, worked, or kept within the
164 state, with reference to its physical conditions, cleanliness,
165 sanitation, safety, and comfort; the quality and supply of all
166 bedding; the quality, quantity, and diversity of food served and
167 the manner in which it is served; the number and condition of
168 the prisoners confined therein; and the general conditions of
169 each institution. The office of inspector general shall see that
170 all the rules and regulations issued by the department are
171 strictly observed and followed by all persons connected with the
172 correctional systems of the state. The office of the inspector
173 general shall coordinate and supervise the work of inspectors
174 throughout the state. The inspector general and inspectors may
175 enter any place where prisoners in this state are kept and shall
176 be immediately admitted to such place as they desire and may
177 consult and confer with any prisoner privately and without
178 molestation. The inspector general and inspectors shall be
179 responsible for criminal and administrative investigation of
180 matters relating to the Department of Corrections. The secretary
181 may designate persons within the office of the inspector general
182 as law enforcement officers to conduct any criminal
183 investigation that occurs on property owned or leased by the
184 department or involves matters over which the department has
185 jurisdiction. A person designated as a law enforcement officer
186 must be certified pursuant to s. 943.1395 and must have a
187 minimum of 3 years’ experience as an inspector in the inspector
188 general’s office or as a law enforcement officer.
189 (2) The department shall maintain a written memorandum of
190 understanding with the Department of Law Enforcement for the
191 notification and investigation of mutually agreed-upon predicate
192 events that shall include, but are not limited to, suspicious
193 deaths and organized criminal activity. A copy of an active
194 memorandum of understanding shall be provided in a timely manner
195 to the Governor, the President of the Senate, and the Speaker of
196 the House of Representatives.
197 (3) During investigations, the inspector general and
198 inspectors may consult and confer with any prisoner or staff
199 member privately and without molestation and persons designated
200 as law enforcement officers under this section shall have the
201 authority to arrest, with or without a warrant, any prisoner of
202 or visitor to a state correctional institution for a violation
203 of the criminal laws of the state involving an offense
204 classified as a felony that occurs on property owned or leased
205 by the department and may arrest offenders who have escaped or
206 absconded from custody. Persons designated as law enforcement
207 officers have the authority to arrest with or without a warrant
208 a staff member of the department, including any contract
209 employee, for a violation of the criminal laws of the state
210 involving an offense classified as a felony under this chapter
211 or chapter 893 on property owned or leased by the department. A
212 person designated as a law enforcement officer under this
213 section may make arrests of persons against whom arrest warrants
214 have been issued, including arrests of offenders who have
215 escaped or absconded from custody. The arrested person shall be
216 surrendered without delay to the sheriff of the county in which
217 the arrest is made, with a formal complaint subsequently made
218 against her or him in accordance with law.
219 (4) The inspector general, and inspectors who conduct
220 sexual abuse investigations in confinement settings, shall
221 receive specialized training in conducting such investigations.
222 The department shall be responsible for providing the
223 specialized training. Specialized training shall include, but
224 need not be limited to, techniques for interviewing sexual abuse
225 victims, proper use of Miranda and Garrity warnings, sexual
226 abuse evidence collection in confinement settings, and the
227 criteria and evidence required to substantiate a case for
228 administrative action or prosecution.
229 Section 5. Section 944.331, Florida Statutes, is amended to
230 read:
231 944.331 Inmate grievance procedure.—
232 (1) The department shall establish by rule an inmate
233 grievance procedure, which that must conform to the Minimum
234 Standards for Inmate Grievance Procedures as promulgated by the
235 United States Department of Justice pursuant to 42 U.S.C. s.
236 1997e. The department’s office of general counsel shall oversee
237 the grievance procedures established by the department.
238 (2) In establishing grievance procedures, the department
239 shall provide multiple internal avenues for inmates to privately
240 report sexual abuse and sexual harassment and any staff neglect
241 of, or failure to perform, responsibilities which may have
242 contributed to such incidents. The procedures must allow reports
243 to be made in writing by third parties.
244 (3) The department, in consultation with the Correctional
245 Medical Authority, shall review inmate health care grievance
246 procedures at each correctional institution and private
247 correctional facility to determine the procedural soundness and
248 effectiveness of the current health care grievance process, to
249 identify employees prone to misconduct directly related to the
250 delivery of health care services, and to identify life
251 threatening inmate health concerns. The review shall determine
252 whether inmate health care grievances are being properly
253 reported, transmitted, and processed; inmates are allowed
254 writing utensils and paper; multiple channels of communication
255 exist to report alleged abuse related to the delivery of health
256 care services; and protocols are being implemented to protect an
257 inmate who filed a grievance concerning the delivery of health
258 care from retaliation for filing a complaint alleging staff
259 misconduct.
260 (4) The department shall review inmate grievance procedures
261 at each correctional institution and private correctional
262 facility to determine the procedural soundness and effectiveness
263 of the current grievance process, to identify employees prone to
264 misconduct, and to identify life-threatening inmate safety
265 concerns. The review shall determine whether inmate grievances
266 are being properly reported, transmitted, and processed; inmates
267 are allowed writing utensils and paper; multiple channels of
268 communication exist to report alleged abuse; and protocols are
269 being implemented to protect an inmate who filed a grievance
270 from retaliation for filing a complaint alleging staff
271 misconduct.
272 (5) Beginning October 1, 2016, the department in
273 consultation with the Correctional Medical Authority shall
274 annually report, and post to their respective websites, their
275 joint findings. The authority shall document in the report its
276 findings on the effectiveness of inmate health care grievance
277 procedures; cite the number of health care grievances filed by
278 inmates, by institution and by region; specify the types of
279 health care problems alleged by inmates; and summarize the
280 actions taken by the department or the authority as a result of
281 its investigation of inmate health care grievances.
282 Section 6. Section 944.35, Florida Statutes, is amended to
283 read:
284 944.35 Authorized use of force; malicious battery and
285 sexual misconduct prohibited; reporting required; penalties.—
286 (1)(a) An employee of the department is authorized to apply
287 physical force upon an inmate only when and to the extent that
288 it reasonably appears necessary:
289 1. To defend himself or herself or another against such
290 other imminent use of unlawful force;
291 2. To prevent a person from escaping from a state
292 correctional institution when the officer reasonably believes
293 that person is lawfully detained in such institution;
294 3. To prevent damage to property;
295 4. To quell a disturbance;
296 5. To overcome physical resistance to a lawful command; or
297 6. To administer medical treatment only by or under the
298 supervision of a physician or his or her designee and only:
299 a. When treatment is necessary to protect the health of
300 other persons, as in the case of contagious or venereal
301 diseases; or
302 b. When treatment is offered in satisfaction of a duty to
303 protect the inmate against self-inflicted injury or death.
304
305 As part of the correctional officer training program, the
306 Criminal Justice Standards and Training Commission shall develop
307 a course specifically designed to explain the parameters of this
308 subsection and to teach the proper methods and techniques in
309 applying authorized physical force upon an inmate. Effective
310 July 1, 2016, this course shall include specialized training for
311 effectively managing in nonforceful ways mentally ill inmates
312 who may exhibit erratic behavior.
313 (b) Following any use of force, a qualified health care
314 provider shall examine any person physically involved to
315 determine the extent of injury, if any, and shall prepare a
316 report which shall include, but not be limited to, a statement
317 of whether further examination by a physician is necessary. Any
318 noticeable physical injury shall be examined by a physician, and
319 the physician shall prepare a report documenting the extent and
320 probable cause of the injury and the treatment prescribed. Such
321 report shall be completed within 5 working days of the incident
322 and shall be submitted to the warden for appropriate
323 investigation.
324 (c) Each institution shall create and maintain a system to
325 track episodes involving the use of force to determine if
326 inmates require subsequent physical or mental health treatment.
327 (d) No later than October 1 of each year, the department
328 shall post on the agency website a report documenting incidents
329 involving the use of force during the previous fiscal year. The
330 report shall include, but not be limited to:
331 1. Descriptive statistics on the reason force was used and
332 whether the use of force was deemed appropriate;
333 2. Multi-year statistics documenting annual trends in the
334 use of force;
335 3. Statistical information on the level of inmate or
336 officer injury, including death, in incidents involving the use
337 of force;
338 4. A breakdown, by institution, of statistics on use of
339 force; and
340 5. Statistics on the number of employees who were
341 disciplined or terminated because of their involvement in
342 incidents involving the inappropriate use of force, based on
343 notations of such incidents in their personnel files.
344 (2) Each employee of the department who either applies
345 physical force or was responsible for making the decision to
346 apply physical force upon an inmate or an offender supervised by
347 the department in the community pursuant to this subsection
348 shall prepare, date, and sign under oath an independent report
349 within 1 working day of the incident. The report shall be
350 delivered to the warden or the circuit administrator, who shall
351 forward the report with all appropriate documentation to the
352 office of the inspector general. The inspector general shall
353 conduct a review and make recommendations regarding the
354 appropriateness or inappropriateness of the use of force. If the
355 inspector general finds that the use of force was appropriate,
356 the employee’s report, together with the inspector general’s
357 written determination of the appropriateness of the force used
358 and the reasons therefor, shall be forwarded to the circuit
359 administrator or warden upon completion of the review. If the
360 inspector general finds that the use of force was inappropriate,
361 the inspector general shall conduct a complete investigation
362 into the incident and forward the findings of fact to the
363 appropriate regional director for further action. Copies of the
364 employee’s report and the inspector general’s review shall be
365 kept in the files of the inmate or the offender supervised by
366 the department in the community. A notation of each incident
367 involving use of force and the outcome based on the inspector
368 general’s evaluation shall be kept in the employee’s file. An
369 employee with two or more notations in the employee’s file for
370 inappropriate use of force incidents, as specified in s. 944.35,
371 shall not be assigned to transitional care, crisis
372 stabilization, or corrections mental health treatment facility
373 inmate housing units as defined in Florida Administrative Code.
374 However, an employee with two or more notations in the
375 employee’s file who remains free of inappropriate use of force
376 incidents, for a significant period may be permitted to work in
377 the transitional care, crisis stabilization, or corrections
378 mental health treatment facility inmate housing units.
379 (3)(a)1. Any employee of the department, private provider,
380 or private correctional facility who, with malicious intent,
381 commits a battery upon an inmate or an offender supervised by
382 the department in the community, commits a misdemeanor of the
383 first degree, punishable as provided in s. 775.082 or s.
384 775.083.
385 2. Any employee of the department, private provider, or
386 private correctional facility who, with malicious intent,
387 commits a battery or inflicts cruel or inhuman treatment by
388 neglect or otherwise, and in so doing causes great bodily harm,
389 permanent disability, or permanent disfigurement to an inmate or
390 an offender supervised by the department in the community,
391 commits a felony of the third degree, punishable as provided in
392 s. 775.082, s. 775.083, or s. 775.084.
393 (b) As used in this paragraph, the term “neglect of an
394 inmate” means:
395 1. A failure or omission on the part of an employee of the
396 department, private provider, or private correctional facility,
397 to:
398 a. Provide an inmate with the care, supervision, and
399 services necessary to maintain the inmate’s physical and mental
400 health, including, but not limited to, food, nutrition,
401 clothing, shelter, supervision, medicine, and medical services
402 that a prudent person would consider essential for the well
403 being of the inmate; or
404 b. Make a reasonable effort to protect an inmate from
405 abuse, neglect, or exploitation by another person.
406 2. A determination of neglect of an inmate may be based on
407 repeated conduct or on a single incident or omission that
408 results in, or could reasonably be expected to result in,
409 serious physical or psychological injury, or a substantial risk
410 of death, to an inmate.
411 3. An employee of the department, private provider, or
412 private correctional facility who willfully or by culpable
413 negligence neglects an inmate and in so doing causes great
414 bodily harm, permanent disability, or permanent disfigurement to
415 the inmate commits a felony of the second degree, punishable as
416 provided in s. 775.082, s. 775.083, or s. 775.084.
417 4. Any employee of the department, private provider, or
418 private correctional facility who willfully or by culpable
419 negligence neglects an elderly or disabled inmate without
420 causing great bodily harm, permanent disability, or permanent
421 disfigurement to the inmate commits a felony of the third
422 degree, punishable as provided in s. 775.082, s. 775.083, or s.
423 775.084.
424 (c)(b)1. As used in this paragraph, the term “sexual
425 misconduct” means the oral, anal, or vaginal penetration by, or
426 union with, the sexual organ of another or the anal or vaginal
427 penetration of another by any other object, but does not include
428 an act done for a bona fide medical purpose or an internal
429 search conducted in the lawful performance of the employee’s
430 duty.
431 2. Any employee of the department or a private correctional
432 facility as defined in s. 944.710 who engages in sexual
433 misconduct with an inmate or an offender supervised by the
434 department in the community, without committing the crime of
435 sexual battery, commits a felony of the third degree, punishable
436 as provided in s. 775.082, s. 775.083, or s. 775.084.
437 3. The consent of the inmate or offender supervised by the
438 department in the community to any act of sexual misconduct may
439 not be raised as a defense to a prosecution under this
440 paragraph.
441 4. This paragraph does not apply to any employee of the
442 department or any employee of a private correctional facility
443 who is legally married to an inmate or an offender supervised by
444 the department in the community, nor does it apply to any
445 employee who has no knowledge, and would have no reason to
446 believe, that the person with whom the employee has engaged in
447 sexual misconduct is an inmate or an offender under community
448 supervision of the department.
449 (d)(c) Notwithstanding prosecution, any violation of the
450 provisions of this subsection, as determined by the Public
451 Employees Relations Commission, shall constitute sufficient
452 cause under s. 110.227 for dismissal from employment with the
453 department, and such person shall not again be employed in any
454 capacity in connection with the correctional system.
455 (e)(d) Each employee who witnesses, or has reasonable cause
456 to suspect, that an inmate or an offender under the supervision
457 of the department in the community has been unlawfully abused or
458 is the subject of sexual misconduct pursuant to this subsection
459 shall immediately prepare, date, and sign an independent report
460 specifically describing the nature of the force used or the
461 nature of the sexual misconduct, the location and time of the
462 incident, and the persons involved. The report shall be
463 delivered to the inspector general of the department with a copy
464 to be delivered to the warden of the institution or the regional
465 administrator. The inspector general shall immediately conduct
466 an appropriate investigation, and, if probable cause is
467 determined that a violation of this subsection has occurred, the
468 respective state attorney in the circuit in which the incident
469 occurred shall be notified.
470 (f) If an employee of the department, private provider, or
471 private correctional facility who witnesses unlawful abuse or
472 neglect or has reasonable cause to suspect that an inmate has
473 been unlawfully abused or neglected, as the term “neglected” is
474 defined in paragraph (b), fears retaliation by coworkers or
475 supervisors if he or she submits a report as provided in
476 paragraph (e), the employee may anonymously and confidentially
477 report the inmate abuse or neglect directly to the department’s
478 Office of Inspector General.
479 (4)(a) Any employee required to report pursuant to this
480 section who knowingly or willfully fails to do so, or who
481 knowingly or willfully prevents another person from doing so,
482 commits a misdemeanor of the first degree, punishable as
483 provided in s. 775.082 or s. 775.083.
484 (b) Any person who knowingly or willfully submits
485 inaccurate, incomplete, or untruthful information with regard to
486 reports required in this section commits a misdemeanor of the
487 first degree, punishable as provided in s. 775.082 or s.
488 775.083.
489 (c) Any person who knowingly or willfully coerces or
490 threatens any other person with the intent to alter either
491 testimony or a written report regarding an incident where force
492 was used or an incident of sexual misconduct commits a felony of
493 the third degree, punishable as provided in s. 775.082, s.
494 775.083, or s. 775.084.
495
496 As part of the correctional officer training program, the
497 Criminal Justice Standards and Training Commission shall develop
498 course materials for inclusion in the appropriate required
499 course specifically designed to explain the parameters of this
500 subsection, teach communication techniques related to crisis
501 stabilization to avoid the use of force, and to teach sexual
502 assault identification and prevention methods and techniques.
503 (5) The department shall establish a policy to protect from
504 retaliation inmates and employees who report physical or sexual
505 abuse. This policy shall establish multiple protective measures
506 for both inmates and employees relating to the reporting of
507 abuse as well as designate a method of monitoring follow up.
508 Section 7. Section 944.8041, Florida Statutes, is amended
509 to read:
510 944.8041 Elderly offenders; annual review.—
511 (1) For the purpose of providing information to the
512 Legislature on elderly offenders within the correctional system,
513 the department and the Correctional Medical Authority shall each
514 submit annually a report on the status and treatment of elderly
515 offenders in the state-administered and private state
516 correctional systems and the department’s geriatric facilities
517 and dorms. In order to adequately prepare the reports, the
518 department and the Department of Management Services shall grant
519 access to the Correctional Medical Authority that includes
520 access to the facilities, offenders, and any information the
521 agencies require to complete their reports. The review shall
522 also include an examination of promising geriatric policies,
523 practices, and programs currently implemented in other
524 correctional systems within the United States. The reports, with
525 specific findings and recommendations for implementation, shall
526 be submitted to the President of the Senate and the Speaker of
527 the House of Representatives on or before December 31 of each
528 year.
529 (2) The department, in producing the annual report required
530 under s. 20.315, shall report the cost of health care provided
531 to elderly inmates. The report shall include, but need not be
532 limited to, the average cost per year to incarcerate an elderly
533 inmate and the types of health care delivered to elderly inmates
534 which result in the highest expenditures.
535 Section 8. Section 944.805, Florida Statutes, is created to
536 read:
537 944.805 Veterans programs in state and private correctional
538 institutions.—
539 (1) The Legislature finds and declares that specialized
540 programs for veterans offered in state and private correctional
541 institutions have the potential to facilitate inmate
542 institutional adjustment, help inmates assume personal
543 responsibility, and ease community reentry through the
544 availability of expanded community resources. For the purposes
545 of this section, the term “veteran” has the same meaning as it
546 is defined in s. 1.01(14).
547 (2) It is the intent of the Legislature that the department
548 expand the use of specialized dormitories for veterans. It is
549 also the intent of the Legislature that veterans housed in state
550 and private correctional institutions be provided special
551 assistance before their release by identifying benefits and
552 services available in the community where the veteran plans to
553 reside.
554 (3) The department shall measure recidivism rates for
555 veterans who have participated in specialized dormitories and
556 for veterans who have received special assistance in community
557 reentry. The findings shall be included in the annual report
558 required under s. 20.315.
559 Section 9. Effective upon SB 540 or similar legislation
560 creating the “State Operated Institutions Inmate Welfare Trust
561 Fund” being adopted in the 2015 Regular Session or an extension
562 thereof and becoming law, subsection (1) of section 945.215,
563 Florida Statutes, is amended, present subsections (2) and (3)
564 are redesignated as subsections (3) and (4), respectively, and a
565 new subsection (2) is added to that section to read:
566 945.215 Inmate welfare and employee benefit trust funds.—
567 (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS; STATE
568 OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.—
569 (a) From the net proceeds from operating inmate canteens,
570 vending machines used primarily by inmates and visitors, hobby
571 shops, and other such facilities must be deposited in the State
572 Operated Institutions Inmate Welfare Trust Fund or in the
573 General Revenue Fund; however, funds necessary to purchase items
574 for resale at inmate canteens and vending machines must be
575 deposited into local bank accounts designated by the department.
576 (b) All proceeds from contracted telephone commissions must
577 be deposited in the State Operated Institutions Inmate Welfare
578 Trust Fund or in the General Revenue Fund. The department shall
579 develop and update, as necessary, administrative procedures to
580 verify that:
581 1. Contracted telephone companies accurately record and
582 report all telephone calls made by inmates incarcerated in
583 correctional facilities under the department’s jurisdiction;
584 2. Persons who accept collect calls from inmates are
585 charged the contracted rate; and
586 3. The department receives the contracted telephone
587 commissions.
588 (c) Any funds that may be assigned by inmates or donated to
589 the department by the general public or an inmate service
590 organization must be deposited in the State Operated
591 Institutions Inmate Welfare Trust Fund or in the General Revenue
592 Fund; however, the department shall not accept any donation
593 from, or on behalf of, any individual inmate.
594 (d) All proceeds from the following sources must be
595 deposited in the State Operated Institutions Inmate Welfare
596 Trust Fund or in the General Revenue Fund:
597 1. The confiscation and liquidation of any contraband found
598 upon, or in the possession of, any inmate;
599 2. Disciplinary fines imposed against inmates;
600 3. Forfeitures of inmate earnings; and
601 4. Unexpended balances in individual inmate trust fund
602 accounts of less than $1.
603 (e) Items for resale at inmate canteens and vending
604 machines maintained at the correctional facilities shall be
605 priced comparatively with like items for retail sale at fair
606 market prices.
607 (f) Notwithstanding any other provision of law, inmates
608 with sufficient balances in their individual inmate bank trust
609 fund accounts, after all debts against the account are
610 satisfied, shall be allowed to request a weekly draw of up to an
611 amount set by the Secretary of Corrections, not to exceed $100,
612 to be expended for personal use on canteen and vending machine
613 items.
614 (2)(a) The State Operated Institutions Inmate Welfare Trust
615 Fund constitutes a trust held by the department for the benefit
616 and welfare of inmates incarcerated in correctional facilities
617 operated directly by the department.
618 (b) Deposits into the State Operated Institutions Inmate
619 Welfare Trust Fund shall not exceed $10 million in any fiscal
620 year. Deposits for purchases pursuant to this section in excess
621 of $10 million shall be deposited into the General Revenue Fund.
622 (c) Funds in the State Operated Institutions Inmate Welfare
623 Trust Fund shall be used exclusively for the following purposes
624 at correctional facilities operated by the department:
625 1. To provide literacy programs, vocational training
626 programs, and educational programs;
627 2. To operate inmate chapels, faith-based programs,
628 visiting pavilions, visiting services and programs, family
629 services and programs, and libraries;
630 3. To provide inmate substance abuse treatment programs and
631 transition and life skills training programs;
632 4. To provide for the purchase, rental, maintenance or
633 repair of electronic or audio visual equipment used by inmates;
634 or
635 5. To provide for the purchase, rental, maintenance or
636 repair of recreation and wellness equipment.
637 (d) Funds in the State Operated Institutions Inmate Welfare
638 Trust Fund shall be expended only pursuant to legislative
639 appropriation.
640 (e) The department shall annually compile a report that
641 specifically documents State Operated Institutions Inmate
642 Welfare Trust Fund receipts and expenditures. This report shall
643 be compiled at both the statewide and institutional levels. The
644 department must submit this report for the previous fiscal year
645 by September 1 of each year to the chairs of the appropriate
646 substantive and fiscal committees of the Senate and the House of
647 Representatives and to the Executive Office of the Governor.
648 Section 10. Subsection (7) is added to section 945.48,
649 Florida Statutes, to read:
650 945.48 Rights of inmates provided mental health treatment;
651 procedure for involuntary treatment; correctional officer
652 staffing requirements.—
653 (7) CORRECTIONAL OFFICER STAFFING.—A correctional officer
654 who has close contact with inmates housed in a mental health
655 treatment facility shall annually complete training in crisis
656 intervention. An employee with two or more notations in the
657 employee’s file for inappropriate use of force incidents, as
658 specified in s. 944.35, may not be assigned to transitional
659 care, crisis stabilization, or corrections mental health
660 treatment facility inmate housing units as defined in Florida
661 Administrative Code. However, an employee with two or more
662 notations in the employee’s file who remains free of
663 inappropriate use of force incidents, for a significant period
664 may be permitted to work in the transitional care, crisis
665 stabilization, or corrections mental health treatment facility
666 inmate housing units.
667
668 ================= T I T L E A M E N D M E N T ================
669 And the title is amended as follows:
670 Delete lines 6 - 87
671 and insert:
672 s. 944.151, F.S.; expanding the department’s security
673 review committee functions; ensuring physical
674 inspections of state and private buildings and
675 structures and prioritizing institutions for
676 inspection that meet certain criteria; amending s.
677 944.275, F.S.; prohibiting an inmate from receiving
678 incentive gain-time credits for completing the
679 requirements for and receiving a general educational
680 development certificate or vocational certificate if
681 the inmate was convicted of a specified offense on or
682 after a specified date; amending s. 944.31, F.S.;
683 requiring that a copy of a written memorandum of
684 understanding for notification and investigation of
685 certain events between the Department of Corrections
686 and the Department of Law Enforcement be provided in a
687 timely manner to the Governor, the President of the
688 Senate, and the Speaker of the House of
689 Representatives; requiring specialized training in
690 certain circumstances; amending s. 944.331, F.S.;
691 requiring the Department of Corrections to provide
692 multiple private, internal avenues for the reporting
693 by inmates of sexual abuse and sexual harassment;
694 requiring the department, in consultation with the
695 Correctional Medical Authority, to review inmate
696 health care grievance procedures at each correctional
697 institution and private correctional facility;
698 requiring the department to review inmate grievance
699 procedures at each correctional institution and
700 private correctional facility; amending s. 944.35,
701 F.S.; requiring that correctional officers have
702 specialized training in the effective, nonforceful
703 management of mentally ill inmates who may exhibit
704 erratic behavior; requiring each institution to create
705 and maintain a system to track the use of force
706 episodes to determine if inmates need subsequent
707 physical or mental health treatment; requiring annual
708 reporting of use of force on the agency website;
709 requiring that reports of physical force be signed
710 under oath; prohibiting employees with notations
711 regarding incidents involving the inappropriate use of
712 force from being assigned to transitional care, crisis
713 stabilization, or corrections mental health treatment
714 facility housing; providing an exception; expanding
715 applicability of a current felony offense to include
716 certain employees of private providers and private
717 correctional facilities; defining the term “neglect of
718 an inmate”; providing for the determination of neglect
719 of an inmate; creating criminal penalties for certain
720 employees who neglect an inmate in specified
721 circumstances; providing for anonymous reporting of
722 inmate abuse directly to the department’s Office of
723 Inspector General; requiring that instruction on
724 communication techniques related to crisis
725 stabilization to avoid use of force be included in the
726 correctional officer training program; directing the
727 department to establish policies to protect inmates
728 and employees from retaliation; amending s. 944.8041,
729 F.S.; requiring the department to report health care
730 costs for elderly inmates in its annual report;
731 creating s. 944.805, F.S.; providing legislative
732 intent relating to specialized programs for veterans;
733 requiring the department to measure recidivism and
734 report its finding in that regard; amending s.
735 945.215, F.S.; requiring that specified proceeds and
736 certain funds be deposited in the State Operated
737 Institutions Inmate Welfare Trust Fund; providing that
738 the State Operated Institutions Inmate Welfare Trust
739 Fund is a trust held by the Department of Corrections
740 for the benefit and welfare of certain inmates;
741 prohibiting deposits into the trust fund from
742 exceeding $10 million per fiscal year; requiring that
743 deposits in excess of that amount be deposited into
744 the General Revenue Fund; requiring that funds of the
745 trust fund be used exclusively for specified purposes
746 at correctional facilities operated by the department;
747 requiring that funds from the trust fund only be
748 expended pursuant to legislative appropriations;
749 requiring the department to annually compile a report,
750 at the statewide and institutional level documenting
751 trust fund receipts and expenditures; requiring the
752 report be submitted by September 1 for the previous
753 fiscal year to specified offices of the Legislature
754 and to the Executive Office of the Governor; providing
755 a contingent effective date; amending s. 945.48, F.S.;
756 specifying correctional officer staffing requirements
757 pertaining to inmates housed in mental health
758 treatment facilities; amending s. 945.6031, F.S.;
759 changing the
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