HB 1561 — County and Municipal Detention Facilities

2.Notwithstanding the provisions of the otherwise applicable building code, a reduced custody housing area may be occupied by inmates or may be used for sleeping purposes as allowed in subsection (7).

The sheriff or chief correctional officer shall provide that a reduced custody housing area shall be governed by fire and life safety standards which do not interfere with the normal use of the facility and which affect a reasonable degree of compliance with rules of the State Fire Marshal for correctional facilities.

8.2.

Special consideration must be given to the appropriate housing of pregnant women.women as provided under s.

3.944.241.

The9. additional jail standard requirements provided for under s.

Requirements for the inspection of county and municipal Page 5of 11 CODING:

Words strickenare deletions;

words underlined are additions.

hb1561-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1561 2022 detention facilities and the penalties for noncompliance as provided in s.

Notwithstanding the provisions of the otherwise applicable building code, a reduced custody housing area may be occupied by inmates or may be used for sleeping purposes as allowed in subsection (7).

The sheriff or chief correctional officer shall provide that a reduced custody housing area shall be governed by fire and life safety standards which do not interfere with the normal use of the facility and which affect a reasonable degree of compliance with rules of the State Fire Marshal for correctional facilities.

(c)(b) A county or municipal detention facility that which stocks medicinal drugs in quantities other than individual prescriptions must obtain the services of a consultant pharmacist or dispensing physician and comply with the licensing requirements of chapter 465.

A facility that which has a valid license pursuant to chapter 465 shall have that part of its medical services relating to procedures for the safe handling and storage of medicinal drugs exempt from the inspection requirements of this section.

A facility that which maintains only individual prescriptions dispensed by a licensed pharmacist is not required to be licensed under chapter 465.

951.2302Page Inspection6of of11 countyCODING: and municipal detention facilities;

penalties for noncompliance with jail standards.— (1) DEFINITIONS.—As used in this section, the term:

(a) "Commission" means the Florida Model Jail Standards Commission as provided in s.

951.23(4)(a).

(b) "County detention facility" has the same meaning as in s.

951.23(1).

Page 5of 11 CODING:

hb1561-00hb1561-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1561CS/HB1561 2022 (c)951.2302 "JailInspection standards"of meanscounty theand Floridamunicipal Modeldetention Jailfacilities; Standards established by the commission, as set forth in s.

penalties for noncompliance with jail standards.— (1) DEFINITIONS.—As used in this section, the term:

(a) "Detention facility" includes a county detention facility and a municipal detention facility as those terms are defined in s.

951.23(1)(a) and (d), respectively.

(b) "Jail standards" means the Florida Model Jail Standards established by the working group.

(c) "Notable violation" means any violation of the jail standards that is not a serious violation.

(d) "Serious violation" means any violation of the jail standards or other conditions or practices that appear to pose a substantial and immediate danger to the life, health, or safety of one or more inmates or employees.

(e) "Working group" means the Florida Model Jail Standards Working Group as provided in s.

(d)(2) "MunicipalVIOLATIONS CRITERIA.—The jail standards must identify those standards or conditions for which noncompliance by a detention facility"facility hasis thea sameserious meaningviolation asor ina s.notable violation.

951.23(1).(3) TYPE AND FREQUENCY OF INSPECTIONS.—The jail standards must require that each detention facility be inspected, at a minimum, twice annually for compliance with the jail standards as provided in paragraphs (a) and (b).

(2) VIOLATIONS CRITERIA.—The jail standards must create and identify criteria and standards for which noncompliance with those provisions results in a serious violation or a notable violation.

(3) TYPE AND FREQUENCY OF INSPECTIONS.—The jail standards must require that each county detention facility and municipal detention facility be inspected, at a minimum, twice annually, as outlined in this section, for compliance with the jail standards.

A county detention facility or municipal detention facility may not refusePage to7of be11 inspectedCODING: or refuse access to the facility by commission inspectors.

If any person in charge of a county detention facility or municipal detention facility refuses to allow inspection of the facility or to provide access to the facility, he or she shall be subject to the penalties in paragraph (5)(f).

(a) One of the annual inspections must be announced, with advance notice of the date on which the inspection will commence provided to the detention facility.

The announced annual inspection must include an inspection of compliance with all Page 6of 11 CODING:

hb1561-00hb1561-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1561CS/HB1561 2022 jailrefuse standards.to be inspected or prevent access to the detention facility.

(b)(a) One ofinspection the annual inspections must beinclude aan limited,inspection unannouncedfor inspection,compliance with noall advancejail noticestandards. provided to the detention facility.

TheA scopedetention offacility themust unannouncedbe annualprovided inspectionreasonable mustadvance benotice limitedof tothe adate reviewon forwhich seriousthis violations.inspection will occur.

(4)(b) REINSPECTIONS.—One (a)inspection Ifmust include an announced or unannounced annual inspection finds a detention facility to be noncompliant with the jail standards for aserious notableviolations violation,only. the facility must correct the noncompliance within 30 days and must be reinspected within 10 days after the 30-day correction period, or upon the facility notifying the commission that it has corrected its noncompliance, whichever is earlier.

IfThis uponinspection reinspectionmust the detention facility is still found to be noncompliant,an theunannounced facilityinspection, mustwith correctno theadvance noncompliancenotice withinprovided 15to days and must have a seconddetention reinspectionfacility. within 48 hours thereafter.

(4) REINSPECTIONS.— (a) If thean detentioninspection facilityfinds isa founddetention facility to be noncompliant duringwith the secondjail reinspection,standards for a notable violation, the penaltiesdetention facility must correct the noncompliance within 30 days and proceduresmust setbe forthreinspected inwithin paragraph10 (5)(e)days shallafter apply.the 30-day correction period, or upon the detention facility notifying the working group that it has corrected its noncompliance, whichever is earlier.

ThisIf paragraphupon does not prevent reinspection from occurring before the expirationdetention offacility theis timeframesstill statedfound into thisbe paragraphnoncompliant, ifthe a detention facility notifiesmust correct the commissionnoncompliance thatwithin it15 hasdays curedand themust noncompliancehave beforea thesecond expirationreinspection ofwithin such48 timeframes.hours thereafter.

(b) If an announced or unannounced annual inspection finds a detention facility to be noncompliant with the jail standards for a serious violation, the detention facility must correct the noncompliance within 24 hours and must be reinspected within 48 hours after the Page 7of8of 11 CODING:

hb1561-00hb1561-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1561CS/HB1561 2022 for a serious violation, the facility must correct the noncompliance within 24 hours and must be reinspected within 48 hours after the violation was first observed.

This paragraph does not prevent reinspection from occurring before the expiration of the 24-hour period if a detention facility notifies the commissionworking group that it has cured the noncompliance before such time.

(5) PENALTIES FOR NONCOMPLIANCE WITH JAIL STANDARDS.— (a) If thean inspection reveals that a detention facility is foundnoncompliant towith bethe noncompliantjail duringstandards thefor reinspection,a thenotable penaltiesviolation, and proceduresthe setnoncompliance forthis not corrected as provided in paragraph (5)(e)(4)(a), shallthe apply.detention facility must pay into the detention facility's inmate welfare fund the following amounts for each day the detention facility is noncompliant with the jail standards:

(5) PENALTIES FOR NONCOMPLIANCE WITH JAIL STANDARDS.—The following penalties shall apply to any person in charge of a detention facility who refuses to allow an inspection or to provide access to a facility, or to a detention facility that is found to be noncompliant with the jail standards during an annual inspection or any reinspection:

(a) If an annual inspection reveals that a detention facility is noncompliant with the jail standards for a notable violation and the noncompliance is corrected within the initial 30-day correction period, there is no penalty.

(b) If an annual inspection reveals that a detention facility is noncompliant with the jail standards for a notable violation, and the noncompliance is not corrected within the initial 30-day correction period, the facility must pay into the facility's inmate welfare fund the following specified amounts per day that the facility is not in compliance until the Page 8of 11 CODING:

Words strickenare deletions;

words underlined are additions.

hb1561-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1561 2022 noncompliance has been corrected:

TheFive hundred dollars per day for the 31st day through the 60th day:day of noncompliance.

$500 per day of noncompliance.

TheOne thousand dollars per day for the 61st day through the 90th day:day of noncompliance.

$1,000 per day of noncompliance.

TheTwo thousand dollars per day for the 91st day and all remaining days:days the detention facility is not in compliance.

(b) If a detention facility fails to correct a serious violation as required in paragraph (4)(b), the detention facility must pay into the detention facility's inmate welfare fund $2,000 per day ofuntil noncompliance.the serious violation has been corrected.

(c)(c)1. If an annual inspection reveals that a detention facility is noncompliant with the jail standards for a serious violation, but the noncompliance is corrected within 24 hours after its discovery, there is no penalty.

(d)In Ifaddition anto annualthe inspectionpenalties revealsset thatforth ain detentionparagraphs facility(a) isand noncompliant(b), withif thea jailsecond standardsreinspection for a seriousnotable violation andor thePage noncompliance9of is11 notCODING: corrected within 24 hours after its discovery, the facility must pay into the facility's inmate welfare fund $2,000 per day that the commission determines that the facility is noncompliant.

(e) In addition to the penalties set forth in paragraphs (b) and (d), if a second reinspection for a notable violation or a serious violation reveals that a detention facility is still noncompliant with the jail standards, the facility must cease its operations as a detention facility within 14 days and must contract with one or more other detention facilities to house the noncompliant facility's inmates until such time as the facility is determined to be in compliance with the jail Page 9of 11 CODING:

hb1561-00hb1561-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1561CS/HB1561 2022 a reinspection for a serious violation reveals that a detention facility is noncompliant with the jail standards, the detention facility must cease operations as a detention facility within 14 days and must contract with one or more other detention facilities to house the noncompliant facility's inmates until such time as the facility is determined to be in compliance with the jail standards.

The2. receiving detention facility or facilities must be in compliance with the jail standards in order to house the noncompliant facility's inmates.

However,The if14-day atime detentionperiod facilityshall consistscommence upon the expiration of separatean detentionappeal campuses,process onlyto be specified in the campusjail determinedstandards, with the detention facility failing to befile noncomplianta withtimely appeal, or upon the conclusion of the appeal process specified in the jail standardsstandards, mustwith ceasea operationsdenial asof statedthe appeal resulting in thisa paragraph.finding that the detention facility is noncompliant with the jail standards.

The3. 14-day time period shall commence upon the expiration of the appeal process specified in the jail standards, with the detention facility failing to file a timely appeal, or upon the conclusion of the appeal process specified in the jail standards, resulting in a finding that the detention facility is noncompliant with the jail standards.

The noncompliantreceiving detention facility isor responsibledetention forfacilities themust costsbe accruedin bycompliance anotherwith detentionthe facilityjail orstandards facilitiesin fororder housingto house the noncompliant detention facility's inmates.

This4. paragraph may not be deemed to limit or prevent any other remedies or causes of action against a facility or an entity that operates a facility which may be brought under any other law, ordinance, or rule.

(f) If any person in charge of a county detention facility orconsists municipalof separate detention facilitycampuses, refusesonly to allow inspection of the facilitycampus ordetermined to provide access to the facility, such person's salary must be withheldnoncompliant forwith each day he or she refuses such inspection or access, and the amountjail withheldstandards must becease depositedoperations intoas theprovided facility'sin inmatethis welfareparagraph. fund.

This5. paragraph applies regardless of whether the person refusing to allow the Page 10 of11 CODING:

The noncompliant detention facility is responsible for the costs accrued by another detention facility or detention facilities for housing the noncompliant detention facility's inmates.

Page 10 of11 CODING:

hb1561-00hb1561-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1561CS/HB1561 2022 inspection6. or refusing access to the detention facility is elected, appointed, or an employee of a county, a city, or any other political subdivision of this state.

This paragraph may not be deemed to limit or prevent any other remedies or causes of action against a detention facility or an entity that operates a detention facility which may be brought under any other law, ordinance, or rule.

(d) If any person in charge of a detention facility refuses to provide access to the detention facility or allow an inspection of the detention facility, the person's salary must be withheld for each day he or she refuses such inspection or access, and the amount withheld must be deposited into the detention facility's inmate welfare fund.

This paragraph applies regardless of whether the person refusing to allow the inspection or refusing access to the detention facility is elected, appointed, or an employee of a county, a city, or any other political subdivision of the state.

hb1561-00hb1561-01-c1