February 25, 2018
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The Florida Statutes

The 2010 Florida Statutes(including Special Session A)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
F.S. 944.023
944.023 Comprehensive correctional master plan.
(1) As used in this section, the term:
(a) “Criminal Justice Estimating Conference” means the Criminal Justice Estimating Conference referred to in s. 216.136(5).
(b) “Total capacity” of the state correctional system means the total design capacity of all institutions and facilities in the state correctional system, which may include those facilities authorized and funded under chapter 957, increased by one-half, with the following exceptions:
1. Medical and mental health beds must remain at design capacity.
2. Community-based contracted beds must remain at design capacity.
3. The one-inmate-per-cell requirement at Florida State Prison and other maximum security facilities must be maintained pursuant to paragraph (7)(a).
4. Community correctional centers and drug treatment centers must be increased by one-third.
5. A housing unit may not exceed its maximum capacity pursuant to paragraphs (7)(a) and (b).
6. A number of beds equal to 5 percent of total capacity shall be deducted for management beds at institutions.
(c) “State correctional system” means the correctional system as defined in s. 944.02.
(2) The department shall develop a comprehensive correctional master plan. The master plan shall project the needs for the state correctional system for the coming 5-year period and shall be updated annually and submitted to the Governor’s office and the Legislature at the same time the department submits its legislative budget request as provided in chapter 216.
(3) The purposes of the comprehensive correctional master plan shall be:
(a) To ensure that the penalties of the criminal justice system are completely and effectively administered to the convicted criminals and, to the maximum extent possible, that the criminal is provided opportunities for self-improvement and returned to freedom as a productive member of society.
(b) To the extent possible, to protect the public safety and the law-abiding citizens of this state and to carry out the laws protecting the rights of the victims of convicted criminals.
(c) To develop and maintain a humane system of punishment providing prison inmates with proper housing, nourishment, and medical attention.
(d) To provide fair and adequate compensation and benefits to the employees of the state correctional system.
(e) To the extent possible, to maximize the effective and efficient use of the principles used in private business.
(f) To provide that convicted criminals not be incarcerated for any longer period of time or in any more secure facility than is necessary to ensure adequate sanctions, rehabilitation of offenders, and protection of public safety.
(4) The comprehensive correctional master plan shall use the estimates of the Criminal Justice Estimating Conference and shall include:
(a) A plan for the decentralization of reception and classification facilities for the implementation of a systemwide diagnosis-and-evaluation capability for adult offenders. The plan shall provide for a system of psychological testing and evaluation as well as medical screening through department resources or with other public or private agencies through a purchase-of-services agreement.
(b) A plan developed by the department for the comprehensive vocational and educational training of, and treatment programs for, offenders and their evaluation within each institution, program, or facility of the department, based upon the identified needs of the offender and the requirements of the employment market.
(c) A plan contracting with local facilities and programs as short-term confinement resources of the department for offenders who are sentenced to 3 years or less, or who are within 3 years or less of their anticipated release date, and integration of detention services which have community-based programs. The plan shall designate such facilities and programs by region of the state and identify, by county, the capability for local incarceration.
(d) A detailed analysis of methods to implement diversified alternatives to institutionalization when such alternatives can be safely employed. The analysis shall include an assessment of current pretrial intervention, probation, and community control alternatives and their cost-effectiveness with regard to restitution to victims, reimbursements for cost of supervision, and subsequent violations resulting in commitments to the department. Such analysis shall also include an assessment of current use of electronic surveillance of offenders and projected potential for diverting additional categories of offenders from incarceration within the department.
(e) A detailed analysis of current incarceration rates of both the state and county correctional systems with the calculation by the department of the current and projected ratios of inmates in the correctional system, as defined in s. 945.01, to the general population of the state which will serve as a basis for projecting construction needs.
(f) A plan for community-based facilities and programs for the reintegration of offenders into society whereby inmates who are being released shall receive assistance. Such assistance may be through work-release, transition assistance, release assistance stipend, contract release, postrelease special services, temporary housing, or job placement programs.
(g) A plan reflecting parity of pay or comparable economic benefits for correctional officers with that of law enforcement officers in this state, and an assessment of projected impacts on turnover rates within the department.
(h) A plan containing habitability criteria which defines when beds are available and functional for use by inmates, and containing factors which define when institutions and facilities may be added to the inventory of the state correctional system.
(5) The comprehensive correctional master plan shall project by year the total operating and capital outlay costs necessary for constructing a sufficient number of prison beds to avoid a deficiency in prison beds. Included in the master plan which projects operating and capital outlay costs shall be a siting plan which shall assess, rank, and designate appropriate sites pursuant to s. 944.095. The master plan shall include an assessment of the department’s current capability for providing the degree of security necessary to ensure public safety and should reflect the levels of security needed for the forecasted admissions of various types of offenders based upon sentence lengths and severity of offenses. The plan shall also provide construction options for targeting violent and habitual offenders for incarceration while providing specific alternatives for the various categories of lesser offenders.
(6) Institutions within the state correctional system shall have the following design capacity factors:
(a) Rooms and prison cells between 40 square feet and 90 square feet, inclusive: one inmate per room or prison cell.
(b) Dormitory-style rooms and other rooms exceeding 90 square feet: one inmate per 55 square feet.
(c) At institutions with rooms or cells, except to the extent that separate confinement cells have been constructed, a number of rooms or prison cells equal to 3 percent of total design capacity must be deducted from design capacity and set aside for confinement purposes.
(d) Bed count calculations used to determine design capacity shall only include beds which are functional and available for use by inmates.
(7) Institutions within the state correctional system shall have the following maximum capacity factors:
(a) Rooms and prison cells between 40 square feet and 60 square feet, inclusive: one inmate per room or cell. If the room or prison cell is between 60 square feet and 90 square feet, inclusive, two inmates are allowed in each room, except that one inmate per room or prison cell is allowed at Florida State Prison or any other maximum security institution or facility which may be constructed.
(b) Dormitory-style rooms and other rooms exceeding 90 square feet: one inmate per 37.5 square feet. Double-bunking is generally allowed only along the outer walls of a dormitory.
(c) At institutions with rooms or cells, except to the extent that separate confinement cells have been constructed, a number of rooms or prison cells equal to 3 percent of total maximum capacity are not available for maximum capacity, and must be set aside for confinement purposes, thereby reducing maximum capacity by 6 percent since these rooms would otherwise house two inmates.
(d) A number of beds equal to 5 percent of total maximum capacity must be deducted for management at institutions.
History.s. 4, ch. 74-112; s. 252, ch. 77-104; s. 22, ch. 77-120; s. 1, ch. 77-174; s. 35, ch. 79-3; s. 4, ch. 89-531; s. 8, ch. 92-47; s. 1, ch. 95-251; s. 15, ch. 95-325; s. 37, ch. 2010-117.
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