ENROLLED 2022 Legislature CS for SB 1236 20221236er 1 2 An act relating to county and municipal detention 3 facilities; amending s. 951.23, F.S.; revising the 4 definitions of the terms county detention facility 5 and municipal detention facility; establishing the 6 Florida Model Jail Standards Working Group for a 7 specified purpose; providing for the membership of the 8 working group; requiring that each entity that 9 operates a municipal or county detention facility 10 adopt the Florida Model Jail Standards approved by the 11 working group; requiring that such detention 12 facilities adopt specified minimum standards; creating 13 s. 951.2302, F.S.; defining terms; requiring the jail 14 standards to identify what actions result in serious 15 violations and notable violations; specifying that the 16 jail standards must require that each detention 17 facility be inspected, at a minimum, twice annually; 18 prohibiting a detention facility from refusing to be 19 inspected or from preventing access to the detention 20 facility; providing annual inspection requirements; 21 providing procedures and requirements for 22 reinspections of detention facilities due to 23 noncompliance; providing timeframes within which 24 detention facilities must correct violations; 25 providing financial penalties for persons in charge of 26 detention facilities who refuse to allow inspections 27 or who refuse to provide access to detention 28 facilities, or for facilities found to be noncompliant 29 with the jail standards during an annual inspection or 30 any reinspection; requiring certain noncompliant 31 detention facilities to cease operations and contract 32 with other detention facilities for inmate housing 33 under certain circumstances; requiring that the 34 assessed financial penalties be deposited into the 35 detention facilitys inmate welfare fund; providing an 36 effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1.Paragraphs (a) and (d) of subsection (1) and 41 subsection (4) of section 951.23, Florida Statutes, are amended 42 to read: 43 951.23County and municipal detention facilities; 44 definitions; administration; standards and requirements. 45 (1)DEFINITIONS.As used in this section, the term: 46 (a)County detention facility means a county jail, a 47 county stockade, a county work camp, a county residential 48 probation center, and any other place except a municipal 49 detention facility used by a county or county officer for the 50 detention of persons charged with or convicted of a either 51 felony or a misdemeanor, regardless of whether such facility is 52 operated by a board of county commissioners, a sheriff, or any 53 other entity. 54 (d)Municipal detention facility means a city jail, a 55 city stockade, a city prison camp, and any other place except a 56 county detention facility used by a municipality or municipal 57 officer for the detention of persons charged with or convicted 58 of violation of municipal laws or ordinances, regardless of 59 whether such facility is operated by a city or any other entity. 60 (4)COUNTY AND MUNICIPAL DETENTION FACILITY STANDARDS FOR 61 SHERIFFS AND CHIEF CORRECTIONAL OFFICERS. 62 (a)There is shall be established the Florida Model Jail 63 Standards Working Group to develop and maintain model standards 64 for county and municipal detention facilities. The seven-member 65 a five-member working group shall consist consisting of: 66 1.Three currently elected sheriffs, persons appointed by 67 the Florida Sheriffs Association. 68 2.A physician licensed in this state with at least 2 years 69 of experience in correctional health care, appointed by the 70 Florida Sheriffs Association. 71 3.A currently elected county commissioner, and two persons 72 appointed by the Florida Association of Counties. 73 4.An experienced jail administrator of a county jail 74 operated by a county, appointed by the Florida Association of 75 Counties. 76 5.A psychiatrist licensed in this state with at least 2 77 years of experience in correctional psychiatry, appointed by the 78 Florida Association of Counties to develop model standards for 79 county and municipal detention facilities. 80 (b)Each sheriff, county, city, or other entity that 81 operates a municipal detention facility or a county detention 82 facility By October 1, 1996, each sheriff and chief correctional 83 officer shall adopt, at a minimum, the Florida Model Jail 84 Standards approved by the working group with reference to all of 85 the following: 86 1.a.The construction, equipping, maintenance, and 87 operation of county and municipal detention facilities. 88 2.b.The cleanliness and sanitation of county and municipal 89 detention facilities.; 90 3.The number of county and municipal prisoners who may be 91 housed therein per specified unit of floor space.; 92 4.The quality, quantity, and supply of bedding furnished 93 to county and municipal such prisoners.; 94 5.The quality, quantity, and diversity of food served to 95 county and municipal prisoners them and the manner in which it 96 is served.; 97 6.The furnishing to them of medical attention and health 98 and comfort items to county and municipal prisoners.; and 99 7.The disciplinary treatment which may be meted out to 100 county and municipal prisoners them. 101 102 Notwithstanding the provisions of the otherwise applicable 103 building code, a reduced custody housing area may be occupied by 104 inmates or may be used for sleeping purposes as allowed in 105 subsection (7). The sheriff or chief correctional officer shall 106 provide that a reduced custody housing area shall be governed by 107 fire and life safety standards which do not interfere with the 108 normal use of the facility and which affect a reasonable degree 109 of compliance with rules of the State Fire Marshal for 110 correctional facilities. 111 8.2.The confinement of county and municipal prisoners by 112 classification and providing, whenever possible, for 113 classifications which separate males from females, juveniles 114 from adults, and felons from misdemeanants, and those awaiting 115 trial from those convicted and, in addition, providing for the 116 separation of special risk prisoners, such as the mentally ill, 117 alcohol or narcotic addicts, sex deviates, suicide risks, and 118 any other classification which the local unit may deem necessary 119 for the safety of the prisoners and the operation of the 120 facility pursuant to degree of risk and danger criteria. 121 Nondangerous felons may be housed with misdemeanants. Special 122 consideration must be given to the appropriate housing of 123 pregnant women as provided under s. 944.241. 124 9.Requirements for the inspection of county and municipal 125 detention facilities and the penalties for noncompliance as 126 provided in s. 951.2302. 127 128 Notwithstanding the provisions of the otherwise applicable 129 building code, a reduced custody housing area may be occupied by 130 prisoners or may be used for sleeping purposes as allowed in 131 subsection (7). The sheriff or chief correctional officer shall 132 provide that a reduced custody housing area shall be governed by 133 fire and life safety standards which do not interfere with the 134 normal use of the facility and which affect a reasonable degree 135 of compliance with rules of the State Fire Marshal for 136 correctional facilities. 137 (c)(b)A county or municipal detention facility which 138 stocks medicinal drugs in quantities other than individual 139 prescriptions must obtain the services of a consultant 140 pharmacist or dispensing physician and comply with the licensing 141 requirements of chapter 465. A facility which has a valid 142 license pursuant to chapter 465 shall have that part of its 143 medical services relating to procedures for the safe handling 144 and storage of medicinal drugs exempt from the inspection 145 requirements of this section. A facility which maintains only 146 individual prescriptions dispensed by a licensed pharmacist is 147 not required to be licensed under chapter 465. 148 Section 2.Section 951.2302, Florida Statutes, is created 149 to read: 150 951.2302Inspection of county and municipal detention 151 facilities; penalties for noncompliance with jail standards. 152 (1)DEFINITIONS.As used in this section, the term: 153 (a)Detention facility includes a county detention 154 facility and a municipal detention facility as those terms are 155 defined in s. 951.23. 156 (b)Jail standards means the Florida Model Jail Standards 157 established by the working group. 158 (c)Notable violation means any violation of the jail 159 standards which is not a serious violation. 160 (d)Serious violation means any violation of the jail 161 standards or other conditions or practices which appears to pose 162 a substantial and immediate danger to the life, health, or 163 safety of one or more inmates or employees. 164 (e)Working group means the Florida Model Jail Standards 165 Working Group as provided in s. 951.23(4)(a). 166 (2)VIOLATIONS CRITERIA.The jail standards must identify 167 those standards or conditions for which noncompliance by a 168 detention facility is a serious violation or a notable 169 violation. 170 (3)TYPE AND FREQUENCY OF INSPECTIONS.The jail standards 171 must require that each detention facility be inspected, at a 172 minimum, twice annually for compliance with the jail standards 173 as provided in paragraphs (a) and (b). Each inspection must 174 occur at least 120 days apart. A detention facility may not 175 refuse to be inspected or prevent access to the detention 176 facility. 177 (a)One inspection must include an inspection for 178 compliance with all jail standards. A detention facility must be 179 provided reasonable advance notice of the date on which this 180 inspection will occur. 181 (b)One inspection must include an inspection for serious 182 violations only. This inspection must be an unannounced 183 inspection, with no advance notice provided to a detention 184 facility. 185 (4)REINSPECTIONS. 186 (a)If an inspection finds a detention facility to be 187 noncompliant with the jail standards for a notable violation, 188 the detention facility must correct the noncompliance within 30 189 days and must be reinspected within 10 days after the 30-day 190 correction period, or upon the detention facility notifying the 191 working group that it has corrected its noncompliance, whichever 192 is earlier. If upon reinspection the detention facility is still 193 found to be noncompliant, the detention facility must correct 194 the noncompliance within 15 days and must have a second 195 reinspection within 48 hours thereafter. 196 (b)If an inspection finds a detention facility to be 197 noncompliant with the jail standards for a serious violation, 198 the detention facility must correct the noncompliance within 24 199 hours and must be reinspected within 48 hours after the 200 violation was first observed. This paragraph does not prevent 201 reinspection from occurring before the expiration of the 24-hour 202 period if a detention facility notifies the working group that 203 it has cured the noncompliance before such time. 204 (5)PENALTIES FOR NONCOMPLIANCE WITH JAIL STANDARDS. 205 (a)If an inspection reveals that a detention facility is 206 noncompliant with the jail standards for a notable violation, 207 and the noncompliance is not corrected as provided in paragraph 208 (4)(a), the detention facility must pay into the detention 209 facilitys inmate welfare fund the following amounts for each 210 day the detention facility is noncompliant with the jail 211 standards: 212 1.$500 per day for the 31st day through the 60th day of 213 noncompliance. 214 2.$1,000 per day for the 61st day through the 90th day of 215 noncompliance. 216 3.$2,000 per day for the 91st day and all remaining days 217 the detention facility is not in compliance. 218 (b)If a detention facility fails to correct a serious 219 violation as required in paragraph (4)(b), the detention 220 facility must pay into the detention facilitys inmate welfare 221 fund $2,000 per day until the serious violation has been 222 corrected. 223 (c)1.In addition to the penalties set forth in paragraphs 224 (a) and (b), if a second reinspection for a notable violation or 225 a reinspection for a serious violation reveals that a detention 226 facility is noncompliant with the jail standards, the detention 227 facility must cease operations as a detention facility within 14 228 days and must contract with one or more other detention 229 facilities to house the noncompliant facilitys inmates until 230 such time as the facility is determined to be in compliance with 231 the jail standards. 232 2.The 14-day time period shall commence upon the 233 expiration of an appeal process to be specified in the jail 234 standards, with the detention facility failing to file a timely 235 appeal, or upon the conclusion of the appeal process specified 236 in the jail standards, with a denial of the appeal resulting in 237 a finding that the detention facility is noncompliant with the 238 jail standards. 239 3.The receiving detention facility or detention facilities 240 must be in compliance with the jail standards in order to house 241 the noncompliant detention facilitys inmates. 242 4.If a detention facility consists of separate detention 243 campuses, only the campus determined to be noncompliant with the 244 jail standards must cease operations as provided in this 245 paragraph. 246 5.The noncompliant detention facility is responsible for 247 the costs accrued by another detention facility or detention 248 facilities for housing the noncompliant detention facilitys 249 inmates. 250 6.This paragraph may not be deemed to limit or prevent any 251 other remedies or causes of action against a detention facility 252 or an entity that operates a detention facility which may be 253 brought under any other law, ordinance, or rule. 254 (d)If any person in charge of a detention facility refuses 255 to provide access to the detention facility or allow an 256 inspection of the detention facility, the persons salary must 257 be withheld for each day he or she refuses such inspection or 258 access, and the amount withheld must be deposited into the 259 detention facilitys inmate welfare fund. This paragraph applies 260 regardless of whether the person refusing to allow the 261 inspection or refusing access to the detention facility is 262 elected, appointed, or an employee of a county, a city, or any 263 other political subdivision of this state. 264 Section 3.This act shall take effect July 1, 2022.