Title: Treatment of Inmates

Summary: Specifying certain rights of inmates in the correctional system; requiring that a written copy of the rights be provided to each inmate upon his or her entry into the correctional system; authorizing relief for deprivation of rights, etc.

Full Text:
An act relating to treatment of inmates; creating s. 944.092, F.S.; specifying certain rights of inmates in the correctional system; requiring that a written copy of the rights be provided to each inmate upon his or her entry into the correctional system; authorizing relief for deprivation of rights; amending s. 947.149, F.S.; revising the definition of the term  permanently incapacitated inmate  for purposes of conditional medical release; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 944.092, Florida Statutes, is created to read: 944.092   Basic rights of inmates.  (1)   RIGHTS. Each inmate in the correctional system has the right to: (a)   Proper ventilation.  All housing units must have air conditioning systems or air-cooling systems; however, housing units in use on or before July 1, 2024, which cannot be fitted for air-conditioning or air-cooling systems must receive exhaust and air circulators sufficient to provide a safe and healthful environment for inmates. (b)   Sufficient meal time.  Inmates must receive a minimum of minutes to eat each meal. The minimum time must be extended to the amount necessary for an inmate to complete the meal if the inmate receives an approved medical reason for an extension. (c)   Adequate food supply in case of emergency.  Each correctional institution shall establish a program with one or more community food banks located near the institution to ensure that an adequate food supply is made available to the inmate population if conditions exist that prevent regular food supply services due to an event such as a natural disaster or other emergency. (d)   Necessary health supplies.  The department shall provide: 1.   Necessary personal protective equipment for medical staff at all times and for all staff and inmates during health crises or during any cleaning. 2.   Necessary health products for inmates including, but not limited to, sanitary napkins, tampons, soap, and toothpaste, upon request of inmates. (2)   NOTICE. The department shall provide a written copy of the rights established in this section to each inmate upon his or her entry into the correctional system. (3)   GRIEVANCES. An inmate may file a grievance with the department if the inmate believes a right guaranteed in this section is denied by a correctional institution. Section 2. Paragraph (a) of subsection (1) of section 947.149, Florida Statutes, is amended to read: 947.149 Conditional medical release.  (1) The commission shall, in conjunction with the department, establish the conditional medical release program. An inmate is eligible for consideration for release under the conditional medical release program when the inmate, because of an existing medical or physical condition, is determined by the department to be within one of the following designations: (a) Permanently incapacitated inmate,  which means an inmate who has a condition caused by injury, disease, or illness which, to a reasonable degree of medical certainty, renders the inmate permanently and irreversibly physically incapacitated,or has a physical disability, impairment, or handicap,to the extent that the inmate does not constitute a danger to herself or himself or others. Section 3. This act shall take effect July 1, 2024.