Bill Text: FL S1208 | 2018 | Regular Session | Comm Sub

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Bill Title: Florida Correctional Operations Oversight Council

Spectrum: Bipartisan Bill

Status: (Failed) 2018-03-10 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S1208 Detail]

Download: Florida-2018-S1208-Comm_Sub.html

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       Florida Senate - 2018                             CS for SB 1208
       
       
        
       By the Committee on Criminal Justice; and Senator Brandes
       
       
       
       
       
       591-02130-18                                          20181208c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Correctional Operations
    3         Oversight Council; amending s. 14.32, F.S.; creating
    4         the council within the Office of Chief Inspector
    5         General; specifying the purpose of the council;
    6         requiring the Office of Chief Inspector General to
    7         provide administrative support to the council;
    8         specifying the composition of the council; providing
    9         terms of office and requirements regarding the
   10         council’s membership; prescribing the duties and
   11         responsibilities of the council; prohibiting the
   12         council from interfering with the operations of the
   13         Department of Corrections or the Department of
   14         Juvenile Justice; authorizing the council to appoint
   15         an executive director; authorizing reimbursement for
   16         per diem and travel expenses for members of the
   17         council; establishing certain restrictions applicable
   18         to members of the council and council staff; providing
   19         an appropriation; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (6) is added to section 14.32,
   24  Florida Statutes, to read:
   25         14.32 Office of Chief Inspector General.—
   26         (6) The Florida Correctional Operations Oversight Council,
   27  a council as defined in s. 20.03, is created within the Office
   28  of Chief Inspector General. The council is created for the
   29  purpose of overseeing matters relating to the corrections and
   30  juvenile justice continuum with an emphasis on the safe and
   31  effective operations of major institutions and facilities under
   32  the purview of the Department of Corrections and the Department
   33  of Juvenile Justice. However, in instances in which the policies
   34  of other components of the criminal justice system affect
   35  corrections or the juvenile justice continuum, the council shall
   36  advise and make recommendations. The Office of Chief Inspector
   37  General shall provide administrative support to the council. The
   38  council is not subject to control, supervision, or direction by
   39  the Chief Inspector General in the performance of its duties,
   40  but is governed by the classification plan and salary and
   41  benefits plan approved by the Executive Office of the Governor.
   42         (a) The council is composed of the following members:
   43         1. Three members appointed by the Governor.
   44         2. Three members appointed by the President of the Senate.
   45         3. Three members appointed by the Speaker of the House of
   46  Representatives.
   47  
   48  The initial members of the council shall be appointed by October
   49  1, 2018. Members of the council shall be appointed for terms of
   50  4 years. However, to achieve staggered terms, one appointee of
   51  each of the appointing authorities shall be appointed for an
   52  initial 2-year term. Members must be appointed in a manner that
   53  ensures equitable representation of different geographic regions
   54  of the state, and members must be residents of this state.
   55  Members of the council must act on behalf of the state as a
   56  whole and may not subordinate the needs of the state to those of
   57  a particular region. The council’s membership should, to the
   58  greatest extent possible, include persons with a background in
   59  prison operations, jail management, or the juvenile justice
   60  continuum of services.
   61         (b) The council’s primary duties and responsibilities
   62  include:
   63         1. Evaluating, investigating, and overseeing the daily
   64  operations of correctional and juvenile facilities.
   65         2. Conducting announced and unannounced inspections of
   66  correctional and juvenile facilities, including facilities
   67  operated by private contractors. Members of the council may
   68  enter any facility where prisoners, residents, or juveniles are
   69  kept. Members shall be immediately admitted to such places as
   70  they request and may consult and confer with any prisoner,
   71  resident, or juvenile privately with adequate security in place.
   72         3. Identifying and monitoring high-risk and problematic
   73  correctional or juvenile facilities, and reporting findings and
   74  recommendations relating to such facilities.
   75         4. Providing technical assistance when appropriate.
   76         5. Submitting an annual report to the Governor, the
   77  President of the Senate, and the Speaker of the House of
   78  Representatives by each November 1, beginning in 2019. The
   79  report must include statutory, budgetary, and operational
   80  recommendations to the Legislature which address problems
   81  identified by the council.
   82         6. Conducting confidential interviews with staff, officers,
   83  inmates, juveniles, volunteers, and public officials relating to
   84  the operations and conditions of correctional and juvenile
   85  facilities.
   86         7. Developing and implementing a monitoring tool that will
   87  be used to assess the performance of each correctional and
   88  juvenile facility.
   89         8. Conducting on-site visits to correctional and juvenile
   90  facilities on a regular basis.
   91         (c) The council may not interfere with the day-to-day
   92  operations of the Department of Corrections and the Department
   93  of Juvenile Justice, but shall conduct investigations and
   94  provide recommendations for improvement.
   95         (d) The council shall appoint an executive director who
   96  shall serve under the direction of the members of the council.
   97         (e) Members of the council shall serve without compensation
   98  but are entitled to receive reimbursement for per diem and
   99  travel expenses as provided in s. 112.061.
  100         (f) Members of the council or its staff may not have
  101  immediate family members working for the Department of
  102  Corrections, the Department of Juvenile Justice, or a private
  103  institution, facility, or provider under contract with either
  104  department. A member of the council may not have any direct or
  105  indirect interest in a contract, subcontract, franchise,
  106  privilege, or other benefit granted or awarded by either
  107  department while serving as a member of the council.
  108         Section 2. For the 2018-2019 fiscal year, the sums of
  109  $168,074 in recurring funds and $37,855 in nonrecurring funds
  110  are appropriated from the General Revenue Fund to the Executive
  111  Office of the Governor, and one full-time equivalent position
  112  with associated salary rate of 70,000 is authorized, for the
  113  purpose of administering the Florida Correctional Operations
  114  Oversight Council.
  115         Section 3. This act shall take effect July 1, 2018.