Title: Citizen Oversight of Correctional Facilities

Summary: Creates Citizens Oversight Council within DOC; provides for membership & terms; specifies duties & responsibilities concerning correctional & juvenile facilities; prohibits interference with day-to-day operations of facilities; prohibits discussion of council business with certain persons.

Full Text:
An act relating to citizen oversight of correctional facilities; creating s. 944.0232, F.S.; creating a Citizens Oversight Council within the Department of Corrections; providing for membership and terms; specifying duties and responsibilities concerning adult and juvenile correctional facilities of the department and the Department of Juvenile Justice; prohibiting interference with day-to-day operations of the departments or certain facilities; providing purpose; prohibiting discussion of council business with certain persons; authorizing reimbursement for per diem and travel expenses; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 944.0232, Florida Statutes, is created to read: 944.0232 Citizens Oversight Council.-(1) The Citizens Oversight Council, an advisory council as defined in s. 20.03(7), is created adjunct to the Department of Corrections. Except as otherwise provided in this section, the council shall operate in a manner consistent with s. 20.052. (2)(a) The council shall consist of the following members: HB 2020 1. Four members appointed by the President of the Senate. 2. Four me mbers appointed by the Minority Leader of the Senate. 3. Four members appointed by the Speaker of the House of Representatives. 4. Four members appointed by the Minority Leader of the House of Representatives. (b) The initial members of the council shall be appointed by October 1, 2020. Members shall be appointed for terms of 34 years. However, to achieve staggered terms, one member of each appointing authority shall be appointed for an initial-year term. Members must be appointed equally within each region of the department. The council's membership shall include, to the greatest extent possible, former prisoners, persons who are directly impacted by the correctional system, and criminal justice or prison reform advocates. (3) The council's primary duties and responsibilities include: (a) Regularly conducting unannounced visits to adult and juvenile correctional facilities, including facilities operated by private contractors. Council members may enter any correctional facility where prisoners or juveniles are kept and shall be immediately admitted to such facilities upon their request and may consult and confer with any prisoner or juvenile, provided that there is adequate security. A council HB 2020 member, upon any finding of concern, shall immediately contact the warden and the two will work together to resolve the concern. (b) Conducting confidential interviews with administration, staff, officers, prisoners, juveniles, prisoners' and juveniles' families, volunteers, and public officials relating to the operations and conditions of adult and juvenile correctional facilities as well as the general health and welfare of prisoners and juveniles. (c) Conducting telephone interviews with prisoners and juveniles in a manner similar to that of legal counsel in a private area using a telephone that is not recorded. (d) Making recommendations to the classification teams, including recommendations regarding close management, administrative confinement, and disciplinary hearings. (4) The council may not interfere with the day-to-day operations of the Department of Corrections or the Department of Juvenile Justice or any facilities operated by or on behalf of either department, but shall serve as a liaison between administration, staff, prisoners, juven iles, and prisoners' and juveniles' families. (5) The council's purpose is to transcend the turmoil that exists between administration, staff, officers, prisoners, juveniles, and prisoners' and juveniles' families and, therefore, a council member may not discuss any circumstances or HB 2020 findings with the media or any person who is not a member or appointing authority of the council. (6) Members of the council shall serve without compensation but may receive reimbursement for per diem and travel expenses as provided in s. 112.061. Section 2. This act shall take effect July 1, 2020.