Corrections bill passed along party lines advances to House
Legislation authorizing the Department of Corrections to find alternative means of imposing the death sentence and limiting inmates' ability to sue over conditions has cleared its second and final committee hearing Wednesday and is headed for the House floor.
The bill by Pinellas County Republican Berny Jacques (HB 903) addresses a variety of issues involving inmates in Florida's corrections system, including what happens if acquisition of the drugs needed to put inmates to death becomes 'impossible or impractical.' (Some manufacturers have stopped supplying these drugs for executions.)
The state would use by any method not considered unconstitutional.
The bill would require inmates to exhaust all internal administrative remedies before they could sue over conditions. They'd have to show they'd suffered a physical injury or sexual act to bring claims alleging mental or emotional injuries.
Additionally, the bill extends the period for which a court may authorize an inmate to be involuntarily treated from 90 days to six months.
And it exempts from criminal prosecution a prison or jail employee who installs a tracking device on an inmate. The Phoenix reported last year that inmates in at least one correctional institution were required to wear electronic bracelets to monitor their movements.
During a hearing before the House Judiciary Committee on Wednesday, the measure drew criticism from Broward County Democratic Rep. Mike Gottlieb, who objected to language requiring adjudication of indigent inmates' claims for damages over a negligent or wrongful act or omission to be completed in just one year.
Gottlieb questioned what would happen if the administrative process took longer than a year. 'How does that person not lose their ability to sue under this statute?' he asked.
Jacques responded that it was 'highly unlikely' the process would take as long as a year. The committee rejected Gottlieb's subsequent amendment that would have 'tolled' or suspended that one-year time limit.
Gottlieb later said he had to vote no on the measure, saying he couldn't support provisions like placing liens on prisoners who initiate challenges to prison disciplinary reports and the different methods of execution provision.
Orange County Democratic Rep. Johanna López also objected to the execution language.
Jacques replied that the provision would simply allow the state to continue to carry out other constitutionally allowed forms of execution if for whatever reason lethal injection could not be applied.
The measure passed 16-5, along party lines. A companion bill (SB 1604) sponsored by Lee County Republican Jonathan Martin has two more committees to move through before reaching the floor.
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