Bill Text: FL S7006 | 2016 | Regular Session | Prefiled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Corrections

Spectrum: Committee Bill

Status: (Failed) 2016-03-11 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S7006 Detail]

Download: Florida-2016-S7006-Prefiled.html

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       Florida Senate - 2016                   (PROPOSED BILL) SPB 7006
       
       
        
       FOR CONSIDERATION By the Committee on Criminal Justice
       
       
       
       
       
       591-00528-16                                          20167006pb
    1                        A bill to be entitled                      
    2         An act relating to corrections; amending s. 216.136,
    3         F.S.; requiring the Criminal Justice Estimating
    4         Conference to develop projections of prison admissions
    5         and populations for elderly felony offenders; amending
    6         s. 921.0021, F.S.; revising the definition of “victim
    7         injury” by removing a prohibition on assessing certain
    8         victim injury sentence points for sexual misconduct by
    9         an employee of the Department of Corrections or a
   10         private correctional facility with an inmate or an
   11         offender supervised by the department; conforming a
   12         provision to changes made by the act; amending s.
   13         944.275, F.S.; prohibiting an inmate from receiving
   14         incentive gain-time for completing the requirements
   15         for and receiving a high school equivalency diploma or
   16         vocational certificate if the inmate is convicted of a
   17         specified offense on or after a specified date;
   18         amending s. 944.35, F.S.; expanding applicability of a
   19         current felony offense to include employees of private
   20         providers and private correctional facilities;
   21         creating criminal penalties for employees who
   22         knowingly and with the intent to cause specified harm
   23         withhold food, water, or essential services from an
   24         inmate; amending s. 945.6031, F.S.; increasing the
   25         frequency of required surveys of health care systems
   26         at correctional institutions; amending s. 951.221,
   27         F.S.; conforming a cross-reference; reenacting s.
   28         944.023(1)(a), F.S., relating to the definition of the
   29         term “Criminal Justice Estimating Conference”, to
   30         incorporate the amendment made to s. 216.136, F.S., in
   31         a reference thereto; reenacting ss. 435.04(2)(uu) and
   32         921.0022(3)(f), F.S., relating to level 2 screening
   33         standards and level 6 of the offense severity ranking
   34         chart, respectively, to incorporate the amendment made
   35         to s. 944.35, F.S., in references thereto; providing
   36         an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Paragraph (d) is added to subsection (5) of
   41  section 216.136, Florida Statutes, to read:
   42         216.136 Consensus estimating conferences; duties and
   43  principals.—
   44         (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.—The Criminal
   45  Justice Estimating Conference shall:
   46         (d) Develop projections of prison admissions and
   47  populations for elderly felony offenders.
   48         Section 2. Subsection (7) of section 921.0021, Florida
   49  Statutes, is amended to read:
   50         921.0021 Definitions.—As used in this chapter, for any
   51  felony offense, except any capital felony, committed on or after
   52  October 1, 1998, the term:
   53         (7)(a) “Victim injury” means the physical injury or death
   54  suffered by a person as a direct result of the primary offense,
   55  or any additional offense, for which an offender is convicted
   56  and which is pending before the court for sentencing at the time
   57  of the primary offense.
   58         (b) Except as provided in paragraph (c): or paragraph (d),
   59         1. If the conviction is for an offense involving sexual
   60  contact that includes sexual penetration, the sexual penetration
   61  must be scored in accordance with the sentence points provided
   62  under s. 921.0024 for sexual penetration, regardless of whether
   63  there is evidence of any physical injury.
   64         2. If the conviction is for an offense involving sexual
   65  contact that does not include sexual penetration, the sexual
   66  contact must be scored in accordance with the sentence points
   67  provided under s. 921.0024 for sexual contact, regardless of
   68  whether there is evidence of any physical injury.
   69  
   70  If the victim of an offense involving sexual contact suffers any
   71  physical injury as a direct result of the primary offense or any
   72  additional offense committed by the offender resulting in
   73  conviction, such physical injury must be scored separately and
   74  in addition to the points scored for the sexual contact or the
   75  sexual penetration.
   76         (c) The sentence points provided under s. 921.0024 for
   77  sexual contact or sexual penetration may not be assessed for a
   78  violation of s. 944.35(3)(b)2.
   79         (c)(d) If the conviction is for the offense described in s.
   80  872.06, the sentence points provided under s. 921.0024 for
   81  sexual contact or sexual penetration may not be assessed.
   82         (d)(e) Notwithstanding paragraph (a), if the conviction is
   83  for an offense described in s. 316.027 and the court finds that
   84  the offender caused victim injury, sentence points for victim
   85  injury may be assessed against the offender.
   86         Section 3. Paragraphs (d) and (e) of subsection (4) of
   87  section 944.275, Florida Statutes, are amended, and paragraph
   88  (b) of that subsection is republished, to read:
   89         944.275 Gain-time.—
   90         (4)
   91         (b) For each month in which an inmate works diligently,
   92  participates in training, uses time constructively, or otherwise
   93  engages in positive activities, the department may grant
   94  incentive gain-time in accordance with this paragraph. The rate
   95  of incentive gain-time in effect on the date the inmate
   96  committed the offense which resulted in his or her incarceration
   97  shall be the inmate’s rate of eligibility to earn incentive
   98  gain-time throughout the period of incarceration and shall not
   99  be altered by a subsequent change in the severity level of the
  100  offense for which the inmate was sentenced.
  101         1. For sentences imposed for offenses committed prior to
  102  January 1, 1994, up to 20 days of incentive gain-time may be
  103  granted. If granted, such gain-time shall be credited and
  104  applied monthly.
  105         2. For sentences imposed for offenses committed on or after
  106  January 1, 1994, and before October 1, 1995:
  107         a. For offenses ranked in offense severity levels 1 through
  108  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
  109  of incentive gain-time may be granted. If granted, such gain
  110  time shall be credited and applied monthly.
  111         b. For offenses ranked in offense severity levels 8, 9, and
  112  10, under former s. 921.0012 or former s. 921.0013, up to 20
  113  days of incentive gain-time may be granted. If granted, such
  114  gain-time shall be credited and applied monthly.
  115         3. For sentences imposed for offenses committed on or after
  116  October 1, 1995, the department may grant up to 10 days per
  117  month of incentive gain-time, except that no prisoner is
  118  eligible to earn any type of gain-time in an amount that would
  119  cause a sentence to expire, end, or terminate, or that would
  120  result in a prisoner’s release, prior to serving a minimum of 85
  121  percent of the sentence imposed. For purposes of this
  122  subparagraph, credits awarded by the court for time physically
  123  incarcerated shall be credited toward satisfaction of 85 percent
  124  of the sentence imposed. Except as provided by this section, a
  125  prisoner shall not accumulate further gain-time awards at any
  126  point when the tentative release date is the same as that date
  127  at which the prisoner will have served 85 percent of the
  128  sentence imposed. State prisoners sentenced to life imprisonment
  129  shall be incarcerated for the rest of their natural lives,
  130  unless granted pardon or clemency.
  131         (d) Notwithstanding paragraph (b) subparagraphs (b)1. and
  132  2., the education program manager shall recommend, and the
  133  Department of Corrections may grant, a one-time award of 60
  134  additional days of incentive gain-time to an inmate who is
  135  otherwise eligible and who successfully completes requirements
  136  for and is awarded a high school equivalency diploma or
  137  vocational certificate. This incentive gain-time award may be
  138  granted to reduce any sentence for an offense committed on or
  139  after October 1, 1995. However, this gain-time may not be
  140  granted to reduce any sentence for an offense committed on or
  141  after October 1, 1995, if the inmate is, or has previously been,
  142  convicted of a violation of s. 794.011, s. 794.05, former s.
  143  796.03, former s. 796.035, s. 800.04, s. 825.1025, s. 827.03, s.
  144  827.071, s. 847.0133, s. 847.0135, s. 847.0137, s. 847.0138, s.
  145  847.0145, or s. 985.701(1), or a forcible felony offense that is
  146  specified in s. 776.08, except burglary as specified in s.
  147  810.02(4). An inmate subject to the 85 percent minimum service
  148  requirement pursuant to subparagraph (b)3. may not accumulate
  149  gain-time awards at any point when the tentative release date is
  150  the same as the 85 percent minimum service date of the sentence
  151  imposed. Under no circumstances may an inmate receive more than
  152  60 days for educational attainment pursuant to this section.
  153         (e) Notwithstanding subparagraph (b)3. and paragraph (d),
  154  for sentences imposed for offenses committed on or after October
  155  1, 2014, the department may not grant incentive gain-time if the
  156  offense is a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2.
  157  or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s.
  158  794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
  159         Section 4. Subsection (3) of section 944.35, Florida
  160  Statutes, is amended to read:
  161         944.35 Authorized use of force; malicious battery and
  162  sexual misconduct prohibited; reporting required; penalties.—
  163         (3)(a)1. Any employee of the department, a private
  164  provider, or private correctional facility who, with malicious
  165  intent, commits a battery upon an inmate or an offender
  166  supervised by the department in the community, commits a
  167  misdemeanor of the first degree, punishable as provided in s.
  168  775.082 or s. 775.083.
  169         2. Any employee of the department, a private provider, or
  170  private correctional facility who, with malicious intent,
  171  commits a battery or inflicts cruel or inhuman treatment by
  172  neglect or otherwise, and in so doing causes great bodily harm,
  173  permanent disability, or permanent disfigurement to an inmate or
  174  an offender supervised by the department in the community,
  175  commits a felony of the third degree, punishable as provided in
  176  s. 775.082, s. 775.083, or s. 775.084.
  177         (b) An employee of the department, a private provider, or
  178  private correctional facility commits a felony of the third
  179  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  180  775.084, if the employee:
  181         1. Knowingly and with the intent to cause an inmate great
  182  bodily harm, permanent disability, or permanent disfigurement,
  183  withholds food, water, clothing, shelter, supervision, medicine,
  184  or medical services from the inmate; and
  185         2. Causes an inmate to suffer great bodily harm, permanent
  186  disability, or permanent disfigurement by such action.
  187         (c)(b)1. As used in this paragraph, the term “sexual
  188  misconduct” means the oral, anal, or vaginal penetration by, or
  189  union with, the sexual organ of another or the anal or vaginal
  190  penetration of another by any other object, but does not include
  191  an act done for a bona fide medical purpose or an internal
  192  search conducted in the lawful performance of the employee’s
  193  duty.
  194         2. Any employee of the department or a private correctional
  195  facility as defined in s. 944.710 who engages in sexual
  196  misconduct with an inmate or an offender supervised by the
  197  department in the community, without committing the crime of
  198  sexual battery, commits a felony of the third degree, punishable
  199  as provided in s. 775.082, s. 775.083, or s. 775.084.
  200         3. The consent of the inmate or offender supervised by the
  201  department in the community to any act of sexual misconduct may
  202  not be raised as a defense to a prosecution under this
  203  paragraph.
  204         4. This paragraph does not apply to any employee of the
  205  department or any employee of a private correctional facility
  206  who is legally married to an inmate or an offender supervised by
  207  the department in the community, nor does it apply to any
  208  employee who has no knowledge, and would have no reason to
  209  believe, that the person with whom the employee has engaged in
  210  sexual misconduct is an inmate or an offender under community
  211  supervision of the department.
  212         (d)(c) Notwithstanding prosecution, any violation of the
  213  provisions of this subsection, as determined by the Public
  214  Employees Relations Commission, shall constitute sufficient
  215  cause under s. 110.227 for dismissal from employment with the
  216  department, and such person shall not again be employed in any
  217  capacity in connection with the correctional system.
  218         (e)(d) Each employee who witnesses, or has reasonable cause
  219  to suspect, that an inmate or an offender under the supervision
  220  of the department in the community has been unlawfully abused or
  221  is the subject of sexual misconduct pursuant to this subsection
  222  shall immediately prepare, date, and sign an independent report
  223  specifically describing the nature of the force used or the
  224  nature of the sexual misconduct, the location and time of the
  225  incident, and the persons involved. The report shall be
  226  delivered to the inspector general of the department with a copy
  227  to be delivered to the warden of the institution or the regional
  228  administrator. The inspector general shall immediately conduct
  229  an appropriate investigation, and, if probable cause is
  230  determined that a violation of this subsection has occurred, the
  231  respective state attorney in the circuit in which the incident
  232  occurred shall be notified.
  233         Section 5. Subsection (2) of section 945.6031, Florida
  234  Statutes, is amended to read:
  235         945.6031 Required reports and surveys.—
  236         (2) The authority shall conduct surveys of the physical and
  237  mental health care system at each correctional institution at
  238  least every 18 months triennially and shall report the survey
  239  findings for each institution to the Secretary of Corrections.
  240         Section 6. Subsection (1) of section 951.221, Florida
  241  Statutes, is amended to read:
  242         951.221 Sexual misconduct between detention facility
  243  employees and inmates; penalties.—
  244         (1) Any employee of a county or municipal detention
  245  facility or of a private detention facility under contract with
  246  a county commission who engages in sexual misconduct, as defined
  247  in s. 944.35(3)(c)1. s. 944.35(3)(b)1., with an inmate or an
  248  offender supervised by the facility without committing the crime
  249  of sexual battery commits a felony of the third degree,
  250  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  251  The consent of an inmate to any act of sexual misconduct may not
  252  be raised as a defense to prosecution under this section.
  253         Section 7. For the purpose of incorporating the amendment
  254  made by this act to section 216.136, Florida Statutes, in a
  255  reference thereto, paragraph (a) of subsection (1) of section
  256  944.023, Florida Statutes, is reenacted to read:
  257         944.023 Comprehensive correctional master plan.—
  258         (1) As used in this section, the term:
  259         (a) “Criminal Justice Estimating Conference” means the
  260  Criminal Justice Estimating Conference referred to in s.
  261  216.136(5).
  262         Section 8. For the purpose of incorporating the amendment
  263  made by this act to section 944.35, Florida Statutes, in a
  264  reference thereto, paragraph (uu) of subsection (2) of section
  265  435.04, Florida Statutes, is reenacted to read:
  266         435.04 Level 2 screening standards.—
  267         (2) The security background investigations under this
  268  section must ensure that no persons subject to the provisions of
  269  this section have been arrested for and are awaiting final
  270  disposition of, have been found guilty of, regardless of
  271  adjudication, or entered a plea of nolo contendere or guilty to,
  272  or have been adjudicated delinquent and the record has not been
  273  sealed or expunged for, any offense prohibited under any of the
  274  following provisions of state law or similar law of another
  275  jurisdiction:
  276         (uu) Section 944.35(3), relating to inflicting cruel or
  277  inhuman treatment on an inmate resulting in great bodily harm.
  278         Section 9. For the purpose of incorporating the amendment
  279  made by this act to section 944.35, Florida Statutes, in a
  280  reference thereto, paragraph (f) of subsection (3) of section
  281  921.0022, Florida Statutes, is reenacted to read:
  282         921.0022 Criminal Punishment Code; offense severity ranking
  283  chart.—
  284         (3) OFFENSE SEVERITY RANKING CHART
  285         (f) LEVEL 6
  286  
  287  FloridaStatute              FelonyDegree        Description        
  288  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  289  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  290  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  291  499.0051(3)                      2nd     Knowing forgery of pedigree papers.
  292  499.0051(4)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  293  499.0051(5)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  294  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  295  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  296  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  297  784.041                          3rd     Felony battery; domestic battery by strangulation.
  298  784.048(3)                       3rd     Aggravated stalking; credible threat.
  299  784.048(5)                       3rd     Aggravated stalking of person under 16.
  300  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  301  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  302  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  303  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  304  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  305  784.083(2)                       2nd     Aggravated assault on code inspector.
  306  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  307  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  308  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  309  790.164(1)                       2nd     False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  310  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  311  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  312  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  313  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.
  314  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  315  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  316  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  317  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  318  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  319  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  320  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
  321  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  322  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  323  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  324  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  325  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  326  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  327  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  328  827.03(2)(c)                     3rd     Abuse of a child.         
  329  827.03(2)(d)                     3rd     Neglect of a child.       
  330  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  331  836.05                           2nd     Threats; extortion.       
  332  836.10                           2nd     Written threats to kill or do bodily injury.
  333  843.12                           3rd     Aids or assists person to escape.
  334  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  335  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  336  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  337  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  338  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.
  339  944.40                           2nd     Escapes.                  
  340  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  341  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  342  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  343  
  344         Section 10. This act shall take effect July 1, 2016.