AGENDA - Florida Sheriffs Association



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Committee Members:

Sheriff Ed Dean, Chairperson – Marion County Sheriff’s Office

Sheriff Bob Peryam – Monroe County Sheriff’s Office

Mr. Peter Corwin– Polk County Board of County Commissioners

Attendees:

Lt. Jeff Owens- Marion County Sheriff’s Office

Chaplain Sam Franklin- Marion County Sheriff’s Office

Ms. Wanda White – Escambia County Sheriff’s Office

Michael Hatton – Brevard County Sheriff’s Office

Debbie Moody – Florida Corrections Accreditation Commission

William Walls – Florida Corrections Accreditation Commission

Lori Mizell – Florida Corrections Accreditation Commission

Bryan Funk – Disability Rights Florida

James Holderfield – Jacksonville Sheriff’s Office

David Harvey – Jacksonville Sheriff’s Office

Lt. C.H. James – Jacksonville Sheriff’s Office

David Utter- Southern Poverty Law Center

Miriam Hashell – Southern Poverty Law Center

Les Neel – Volusia County Department of Corrections

Bill McClelland – Volusia County Department of Corrections

Matt Reinhart – Volusia County Department of Corrections

Steve Smith – Volusia County Department of Corrections

Maple Perez- Orange County Corrections Department

Rene Rodon- Orange County Corrections Department

Andrea Costello – Florida Institutional Legal Services

Tammy Stakes – Flagler County Sheriff’s Office

Joyce Hamilton Henry – ACLU of Florida

Rev. Edward Bland – Pastor

Juliane Day – FLA-PAC, Sumter County Sheriff’s Office

Welcome: Sheriff Dean welcomed everyone and thanked them for their attendance.

Established Quorum

Sheriff Dean established a quorum

Legal Notifications

Sheriff Dean established that the proper legal notifications had been made.

Pledge of Allegiance

Sheriff Dean led everyone in the invocation and pledge of allegiance.

Approval of Minutes:

A motion to approve minutes from last meeting was made by Sheriff Peryam and seconded by Mr. Corwin. The motion carried unanimously. Mr. Corwin wanted to note that he would be retiring and this was his last meeting.

NEW BUSINESS:

Standard 4.07

Standards Review Subcommittee – Presenter – Wanda White

Standard: (4.07) An inmate record shall be started and maintained on each individual when admitted. This records shall include: (h) Name of attorney, if known:

Proposal: 4.07) An inmate record shall be started and maintained on each individual when admitted. This record shall include:

(a) Full name and known aliases;

(b) Age, date of birth, and sex;

(c) Date admitted;

(d) Race;

(e) Height;

(f) Weight;

(g) Offense with which the inmate is charged, or held for other agencies, or for which the inmate has been sentenced;

(h) Signature of persons delivering and receiving inmate;

(i) A written descriptive, or electronically captured, inventory of all monies, valuables or other personal property. All items allowed to be kept by the inmate and those taken and stored will be recorded. The inmate and the receiving officer will verify and sign the inventory. If the inmate refuses to sign, a notation will be placed on the property inventory and a second employee will witness and sign the inventory. After the initial receipt is completed, any changes authorized in the personal property inventory must also be documented, verified and signed by the inmate and the employee making the transaction.

(j) Current or last known address;

(k) Name and address of next of kin;

(l) Marital status;

(m) Religion.

Rationale: Delete subparagraph (h) Name of attorney, if known. This information is not needed or used by correctional facilities. Most arrestees do not have an attorney or are not able to provide the name of the attorney at the time of arrest. A review of Florida Statutes did not reveal any requirement for obtaining this information. Section 951.23 (2), Florida Statutes, Collection of Information, does not contain the name of the attorney in the information required to be collected. Correctional facilities allow private attorneys and public defenders access to inmates in accordance with § 901.24 and § 27.59, Fla. Stat. respectively. Neither of these statutes require the attorney's name to be on file in the inmate's record.

Correctional facilities provide applications for a public defender to inmates or provide access to public defenders to provide applications and assist in completing applications in accordance with § 27.52 (1), Fla. Stat.

Standards Review Subcommittee Recommendation: Approve

Discussion: Ms. White stated she is proposing a change to 4.07, which is what is included in the inmate record, to include the name of attorney, if known. She stated that her rationale is that this information is not required anywhere in the statutes that she could find. She stated that most arrested persons do not know who their attorneys are; if they have one or are able to provide that information. Correctional facilities provide access to public defenders and private attorneys in accordance with Florida Statutes. They also provide applications for public defenders, either by access to a public defender or pro se. Since it is required that pro se inmates are provided access to legal information through any court recognizable in the State, and have to provide access to other things besides criminal, having the name of the attorney does not help. It is not required for visitation. Ms. White stated the other main reason is that this is an FCAC mandatory standard because it’s a FMJS standard. If an agency does not have the attorney’s name or puts none or unknown, they can be out of compliance if they don’t have this information.

Sheriff Dean asked if there was anything further; hearing none he asked for the Subcommittee’s response for the record. Lt. Owens stated that Standards subcommittee voted on this to approve this change. Sheriff Dean asked if there was any further information. Sheriff Peryam stated there were some people in the room from State Accreditation and asked if they would like to speak to this subject. They stated that Ms. White had been in contact with FCAC and they do not have any problem with that. Ms. White stated they would adjust the checklist to show that it’s no longer required. Ms. White asked also that they adjust the checklist to include this on the checklist and make sure it

Motion: Sheriff Dean asked for a motion to approve. Sheriff Peryam made a motion for approval, which was seconded by Mr. Corwin. Motion passes unanimously.

Standards Review Subcommittee – Presenter – Lt. Warren Jones

Standard: 6.04: Inmates shall be given three substantial, wholesome, and nutritious meals daily. Not more than 14 hours may elapse between the evening meal and the morning meal. Hot meals shall be served at least once daily. Seasonal fruits and vegetables are recommended in menu planning. (This does not apply to extreme emergency situations; i.e., riots, fires, natural disasters, etc. or inmates assigned to outside work groups.) . (SEE APPENDIX “C” CONCERNING YOUTH DETENTION FACILITIES).

Proposal: (6.04) Inmates shall be given three substantial, wholesome, and nutritious meals daily. Jail Administrators may exercise the option to eliminate the third meal, as long as the two provided meals adhere to The Recommended Dietary Allowances of the National Research Council - National Academy of Sciences and are approved by the locally retained Dietitian / nutritionist or directed by the Medical authority. Meals should be scheduled at a reasonable frequency, with no less than two meals served daily. Hot meals shall be served at least once daily. Seasonal fruits and vegetables are recommended in menu planning. (This does not apply to extreme emergency situations; i.e., riots, fires, natural disasters, etc. or inmates assigned to outside work groups.) . (SEE APPENDIX “C” CONCERNING YOUTH DETENTION FACILITIES)

Rationale: 1. Prisoners are entitled to humane treatment. They're not automatically entitled to prolonged traditions. 2. Some nutrition experts today suggest eating lighter meals more often during the day. Others counter that the two-meal approach is best. The point is the old way isn't necessarily the best way. 3. My medical authority states that this would enable better management of medical diets ,with minimal adjustments required. 4. The idea is to cut in-house labor costs or shrink contracts. 5. If the nutritional impact is minor and the budgetary impact is major, it would be beneficial for those of us entrusted with the citizens money.

Standards Review Subcommittee Recommendation: Disapprove

Discussion: Lt. Warren Jones of Pasco County wanted to propose a change to Chapter 6.04 in reference the number of meals per day served to inmates. He stated that everyone in the country is trying to figure out where to cut costs. He stated everyone has cut as much as they can. Lt. Jones advised that after speaking with their food service supervisors, his administration approached him to investigate this proposal. They would like to propose a change to two meals per day, maintaining the 14 hour rule between meals. Lt. Jones stated he checked with Georgia and Tennessee’s rules which allow this and they maintain the 14 hour rule. He stated that Georgia’s rule states two hot meals in 24 hours with no more than 14 hours apart. Included in this and they recommend three meals a day, but don’t require it. They leave that up to the individual agency heads. Lt. Jones also spoke with his facility physician who explained to me that she thought that two meals a deal might help her maintain those with special diets. Others with medical conditions may require another snack per day. This would amount to two meals and two snacks. Lt. Jones stated that according to his food service area, they are looking at 7 to 9 hours of saved time per day by losing the one meal. They are looking to do this only on holidays and weekends, which would reduce holiday pay for staff and be able to give staff time off, but in order to do this, they have to change the FMJS.

Sheriff Dean asked for the response from the Subcommittee. Lt. Owens stated there has been a lengthy discussion on this standard change. He stated that it seemed troubling to everyone on the Subcommittee that we would go from three meals a day required to two meals a day. He stated he understood that caloric intake could be provided in a two meal regimen. There is a lack of research to support this change. It may have been implemented in other places around the country, but it is in the minority and did not feel confident that a facility could provide for the inmate’s health needs with only two meals. As Lt. Jones pointed out, a facility would have to provide quite a few additional snacks and you could end up serving five meals a day in reference to this two meal issue. Lt. Owens stated the Subcommittee voted to disapprove this.

Sheriff Dean asked if anyone had any further comment. Mr. Whitfield Jenkins of the NAACP. He stated that issue would be troubling in view of the fact we are having an emphasis on juvenile offenders. This is the formative stage where juveniles are growing. Most of their eating regimens and public schools afford them three meals a day. The two meal a day would seemingly run the risk of some important health issues trump the financial savings and other conveniences that three meals a day provides. The NAACP would support the recommendation of disapproving the standard.

Sheriff Dean thanked him for his comments. Sheriff Dean hearing no further comments asked if there was a motion. Sheriff Dean stated there was not a motion for approval and this standard dies. At this time, this recommendation will not go forward at this time. Sheriff Dean thanked Lt. Jones for his time.

Standards Review Subcommittee – Presenter – Lt. Chuck Davis

Standard: 12.05- Garbage and Rubbish: All garbage, trash, and rubbish from inmate residential areas shall be collected daily and taken to storage facilities. Garbage shall be removed from storage facilities at least twice per week. Wet garbage shall be collected and stored in impervious leak proof, fly tight containers pending disposal. All containers, storage areas and surrounding premises shall be kept clean and free of vermin. If public or contract garbage collection service is available, the detention facility shall subscribe to these services unless the volume makes on-site disposal feasible. If garbage and trash are disposed of on the premises, the method of disposal shall not create sanitary nuisance conditions and shall comply with provisions of Chapters 17-701 and 62-701, Florida Administrative Code.

Proposal: 12.05 Garbage and Rubbish: All garbage, trash, and rubbish from inmate residential areas shall be collected daily and taken to storage facilities. Garbage shall be removed from storage facilities at least twice per week as needed. Wet garbage shall be collected and stored in impervious leak proof, fly tight containers pending disposal. All containers, storage areas and surrounding premises shall be kept clean and free of vermin. If public contract garbage collection service is available, the detention facility shall subscribe to these services unless the volume makes on-site disposal feasible. If garbage and trash are disposed of on the premises, the method of disposal shall not create sanitary nuisance conditions and shall comply with provisions of Chapters 17-701 and 62-701, Florida Administrative Code

Rationale: The request for this revision is language clarification.

Standards Review Subcommittee Recommendation:

Discussion: Lt. Owens presented this for Lt. Davis. This involves garbage and rubbish. Leon County asked for clarification on a storage facility, which involves trash bins. The point they made is for a language change. They have a large trash compactor and did not fit the definition, nor did it fit in the facility being cleaned twice per week. Lt. Owens asked Ms. White to come up and speak to this issue as Ms. White has been to the facility and observed the set-up. With that said, the subcommittee voted to approve with changes, which would include the sentence that says at least twice per week to be removed as needed. This new technology does not require as much attention as it may have in the past. They changed 17-7.01, which needed to be deleted as it is antiquated. We changed that as we reviewed this paragraph. Lt. Owens wanted Ms. White to explain her observations before they went any further.

Ms. White stated they have a trash compactor with a built in odor elimination system. The area is clean and they clean it every day. She stated their issue is they don’t fill it up that much and they are expending funds to empty it when it is not even half full. Leon County would like to change the wording to as needed basis. She stated they do all of those things as required by the standard other than the fact that it’s twice weekly. This costs money. There are other agencies which also have trash compactors and they don’t even need to empty it once a week. Ms. White stated they are asking for this change because the agency is doing all the things they need to be in compliance, and technology is changing and improving.

Sheriff Dean stated that the recommended change strikes out “twice per week”; what if the an agency does not have a trash compactor, would this be leaving it open to opinion to those who do not have that. Ms. White stated that was a good point and asked Commander McGowan to respond. Commander McGowan believes it is possible to reword the standard to state that if an agency has the trash compactor then the agency could be as needed and if an agency idid not have the trash compactor, it could be emptied twice a week. Sheriff Dean asked how this would then read.

Commander McGowan asked that the Subcommittee take this standard back and reword the entire standard. He stated this was a hold-over from 33-8. The standard is talking about having disposal site on the properties. He asked that they be allowed to look at this again and reword the entire standard.

Sheriff Dean stated that speaking for himself, he would be open to the type of technology, but he would not want to have uncertainty with regard to garbage which is piling up behind a facility. As long as there is some certainty there is going to be clean garbage disposal. Sheriff Dean if that was alright with everyone. Lt. Owens stated it was so noted along with the comments from the panel.

Sheriff Dean asked if there were any further comments. Sheriff Peryam stated he would agree with what Sheriff Dean said and he would not like to change a standard for just one agency. The standards have to be for the good of all.

Standards Review Subcommittee – Presenter – Jeff Jarvis

Standard: 13.02- (13.02) The rules shall include prohibited acts and the disciplinary action that can be taken to ensure proper conduct. The rules shall also indicate the procedures for any disciplinary action and the method for the establishment and loss of privileges. The rules shall provide a list of prohibited acts which shall include, at a minimum, the following: (5) Engaging in sexual acts with others; (6) Making sexual proposals or threats to another;

(7) Indecent exposure.    

Proposal: 13.02) The rules shall include prohibited acts and the disciplinary action that can be taken to ensure proper conduct. The rules shall also indicate the procedures for any disciplinary action and the method for the establishment and loss of privileges. The rules shall provide a list of prohibited acts which shall include, at a minimum, the following: (5) Engaging in sexual acts with self or others; (6) Making sexual proposals or threats to another; (7) Indecent exposure;     

Rationale: During the course of disciplinary investigation and hearing processes there have been numerous inmates charged with an offense resulting from incidents where they are suspected/witnessed as to the act of masturbating towards staff or other inmates.

Currently the FMJS option is to charge the inmate with:

1F: Sexual proposal / threats to another; 1E: Engaging in sexual acts with others; 2G: Indecent exposure.

The offense 1E "Engaging in sexual acts with others" is not appropriate as the act is done alone. The act of masturbation is defined as “to manipulate one’s own genitals for sexual gratification".

When considering the content of this regulation, when an inmate performs this act towards a staff member or other inmate, it does not support the element of “with others”. We propose that 1E be modified as a dual charge to read “Engaging in Sexual Acts with others / Performing a Sexual Act”. This wording would alleviate any confusion with charging the inmate that is performing the sexual act of masturbation towards staff members or other inmates. Performing a Sexual Act would include self-manipulated masturbation. “Engaging in sexual acts with others / Performing a sexual act" would eliminate any confusion as to what the inmate is to be charged with. If they are engaging in a sexual act with another inmate, the first section of the regulation would apply. If masturbating towards staff members or other inmates, the second section. Included in this request for standard modification would be a further request to support a change in FSS 951.23 (10) (e) to reflect the same wording as the propsed standard modification.   

Standards Review Subcommittee Recommendation: Approve

Discussion: Mr. Jarvis stated that he had accompanying him, Deputy Mike Hatton of the Brevard County Jail Complex, Disciplinary Hearing and Board Committee. Mr. Jarvis stated he wanted to thank Deputy Hatton for bringing this to his attention, thus bringing it to the panel’s attention. Mr. Jarvis stated that they are bringing this to the panel to change the wording on the Florida Model Jail Standards relative to 13.02. They are not alone in this. 67 other jails have problems with regards to sexual acts relative to other inmates and civilian and certified staff in-house. At Brevard County, sexual acts are zero tolerance as well all do. And with PREA, and stricter regulations coming down, we take this very seriously. Mr. Jarvis stated they charge the inmates in-house with masturbation and various other acts towards inmates and also towards staff. Mr. Jarvis stated they tend to have a problem relative to civilian female staff and nursing and also in the food service and other contractual services. The Disciplinary Committee has brought forth that the wording is not appropriate. Under 13.02, (5), “engaging in sexual acts with others”, that is an improper charge. There is indecent exposure but I don’t believe that has the teeth in it. As we go towards PREA of 2013, I think we need to further define this. If we did so, we would also ask that we change the wording. We propose that it be modified to read a dual charge of engaging in sexual acts with others/performing a sexual act. This wording would alleviate any confusion with charging the inmate who is performing the sexual act of masturbation towards staff members or other inmates. Performing a sexual act would include self-manipulated masturbation. With that, we would ask that FSS 950.2310(e), which identifies the act itself, verbatim, that be reworded. We also would ask that we get support from the FSA, relative to FSS 800.09 Lewd and Lascivious Exhibition in the presence of an employee. That pertains to a felony level, if it’s a state level contractual employee. If a county deputy or county personnel is faced with this, it’s merely a misdemeanor and some of the inmates who are being charged with this do not feel this is a very important charge. If we could get the same treatment as the State Correctional people do, in a county facility that would be beneficial to all jails in the state. Mr. Jarvis stated that has been petitioned before and does not believe there has been any movement on it in years, but that it really needs to be changed. They are asking the FSA for assistance with that.

Sheriff Dean stated that he forgot to introduce Isaiah Dennard, who represents the FSA and he is making note of this to carry back your request to them. Sheriff Dean stated he did not have a copy of what Mr. Jarvis was reading. Sheriff Dean asked if we had the exact language of the proposed. Ms. White stated that the Subcommittee made a change to the recommendation. The change was only to the proposed language, but the rational was the same. Sheriff Dean verified that the Subcommittee approved the change and asked if Mr. Jarvis was satisfied with the Subcommittee’s recommendation and he agreed.

Sheriff Dean asked if everyone understood the proposed change to 13.02 (5), which is modified from engaging in sexual acts with others to engaging in sexual acts with self or others.

Mr. Jenkins just wanted clarification. He read two things, one of which seemed to be changing it to a felony, which would be increasing the severity of the penalty. Mr. Jenkins stated he did not hear anything that would differentiate adults and juveniles offenders. Is there any consideration or thought given to that issue? Sheriff Dean stated that we do not have any authority here to change it to a felony, or back and forth. All they are talking about here is a facility can have disciplinary action if any inmate engages in a sexual act with self or others and the discipline action is up to the facility. The criminal side of the issue would have to be statutory change and that would take another body.

Andrea Costello of Florida Institutional Legal Services. She stated she had a question about PREA. She was wondering about the types of sexual acts being discussed, would that be in the scope of PREA. Mr. Jarvis responded by saying no, but under the PREA Committee at the jail complex, we look at all of these acts as being aggravated against other inmates or staff members. We look at each act of masturbation, we look at how many times has this act occurred, how many times has the inmate been charged with this. We go from there and see if these people have the potential to be a sexual aggressor. So, yes, it is very important and under PREA, we take an extra step to prevent sexual acts against other inmates and staff by adding this. PREA goes from one person to another, not self-manipulation but we have gone one step further to prohibit acts against other inmate and staff.

Ms. Costello asked if this was an internal rule or policy issue and both Mr. Jarvis and Sheriff Dean stated she was correct.

Motion: Sheriff Peryam made a motion for approval, which was seconded by Mr. Corwin. Motion passes unanimously.

Standards Review Subcommittee – Presenter – Cathy Perkins

Standard: 13.03- In addition to disciplinary action, inmates can also be required to pay for damaged, destroyed, or misappropriated property or goods. The rules and procedures for such administrative reimbursement sanctions should be in accordance with 33-22.08 Florida Administrative Code.

Proposal: In addition to disciplinary action, inmates can also be required to pay for damaged, destroyed, or misappropriated property or goods. The rules and procedures for such administrative reimbursement sanctions should be in accordance with 33-601.308 Florida Administrative Code.

Rationale: Title 33 of the Administrative code changed numbering the new number is now

33-601.308.

Standards Review Subcommittee Recommendation: Approve

Discussion: Ms. Perkins stated she is proposing to change 13.03. The Florida Administrative Code changed their numbering system and there is a new title number. Sheriff Dean asked if this was a technical change. Lt. Owens stated this was a great idea and that Ms. Perkins brings up a great point. Lt. Owens stated the Subcommittee went a step further and they agreed to apply the direct language. This should eliminate the issue in the future if these numbers were to change again. If we put the direct language in there we would accomplish Ms. Perkins’ goal, plus in the future make it easier for FMJS in that the direct language is in there. Sheriff Dean The proposal is in line with the administrative code.

Motion: Sheriff Peryam made a motion for approval, which was seconded by Mr. Corwin. Motion passes unanimously.

Standards Review Subcommittee – Presenter – Cathy Perkins

Standard: New standard in response to proposed State law about restraint of pregnant inmates.

Proposal: RESTRAINT OF PREGNANT INMATES.—

(a) Restraints may not be used on a inmate who is known to be pregnant during labor, delivery, and postpartum recovery, unless the corrections official makes an individualized determination that the inmate presents an extraordinary circumstance, except that:

1. If the doctor, nurse, or other health care professional treating the inmate requests that restraints not be used, the corrections officer, or other officer accompanying the pregnant inmate shall remove all restraints; and

2. Under no circumstances shall leg, ankle, or waist restraints be used on any pregnant inmate who is in labor or delivery.

(b) If restraints are used on a pregnant inmate pursuant to paragraph (a):

1. The type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary; and

2. The corrections official shall make written findings within 10 days after the use of restraints as to the extraordinary circumstance that dictated the use of the restraints.

(c) During the third trimester of pregnancy, or when requested by the doctor, nurse, or other health care professional treating the pregnant inmate:

1. Waist restraints that directly constrict the area of pregnancy may not be used;

2. If wrist restraints are used, they must be applied in such a way that the pregnant inmate is able to protect herself in the event of a forward fall; and

3. Leg and ankle restraints that restrain the legs close together may not be used when the inmate is required to walk or stand.

4. Use of leg, ankle, or waist restraints is subject to the provisions of subparagraph (a)2.

(d) In addition to the specific requirements of paragraphs (a)-(c), any restraint of an inmate who is known to be pregnant must be done in the least restrictive manner necessary in order to mitigate the possibility of adverse clinical consequences.

Rationale: The Florida legislature is considering this issue in the 2012 legislative session via HB 367 and SB 524.

Standards Review Subcommittee Recommendation: Approve

Discussion: Lt. Owens stated this submission is the culmination of conversations with Sarah Carroll. The proposal which has been submitted is in reference to the restraint of pregnant inmates. Lt. Owens stated the proposal is to include the language as proposed to the senate and house bills. They are not restrictive and they do not propose any danger to pregnant inmates. If anyone has read the items, it dictates to any jail in the State on how to treat the pregnant inmates and how they can and cannot restrain them for the sake of security. If an inmate is so out of control, there is still an option that you restrain the inmate. He stated that was his proposal as it is coming to the legislature this year. He does not know if they will approve this, however, it is very proactive and we could do ourselves a service by staying ahead of the legislature. Likewise. Ms. DeKany will have an opportunity to speak and she can provide feedback.

Ms. DeKany stated the Medical Subcommittee felt this proposal was in line with the wording which is being proposed. Many facilities already have this policy in place. The facilities will still have the option as to how it is done. Ms. DeKany stated her Subcommittee is recommending this be done.

Sheriff Dean asked for discussion and if adoption of this standard would cause a hardship. Sheriff Dean asked for a motion.

Motion: Sheriff Peryam made a motion for approval, which was seconded by Mr. Corwin. Motion passes unanimously.

Sheriff Dean stated they received some recommendations from Southern Poverty Law Center and Mr. Utter is here. Sheriff Dean stated that when he received these modifications he asked Lt. Owens to take a look at them and they were just received a few days ago. Sheriff Dean asked for a report. Sheriff Dean asked Mr. Utter to come to the podium, however it seemed that this is comprehensive and he appreciates the attention to detail, but it was so short before the meeting. Sheriff Dean asked Lt. Owens for his recommendation.

Lt. Owens stated this is the actual packet that Mr. Utter sent to us and is very comprehensive. The issue at hand is that prior to the FMJS meeting, the Subcommittee met and voted to approve or disapprove the revisions that are submitted to us. Unfortunately, prior to this meeting, he received an email which contained two revisions. To Mr. Utter’s credit, he had hit our firewall and part of his document could not come through the computer firewall. When he tried again, there were two revisions. Last week, we had our annual in-house strategic planning, and the day prior to the Standards Review Subcommittee, Sheriff Dean’s secretary contacted me to come pick up some information from Mr. Utter. To his surprise, it was actually 26 revisions and not the original two. The following day, it was determined that there was no way the Subcommittee could give the 26 submissions the consideration it deserved and most of the Subcommittee had not read the document at that time. It was not fair to them to ask them to make a decision on these items, along with being unfair to Mr. Utter’s effort in providing this. Lt. Owens emailed him back advising him of the information and spoke to him later that day. There are 26 submissions that the Subcommittee will take up prior to the next meeting.

Sheriff Dean thanked Lt. Owens and wanted to recognize Mr. Utter and have him address those gathered. Sheriff Dean thanked Mr. Utter for attending and wanted to give him an opportunity to be heard. Mr. Utter stated they would like to make a brief statement about the need for revision. Mr. Utter stated he did speak with Lt. Owens. Mr. Utter stated they appreciate the thoughtfulness with which both Committees have looked at the revisions. Mr. Utter stated that he has offered to Lt. Owens to bring in a juvenile expert at the next meeting with research and support. Mr. Utter stated that he had written something he would like to read to the Committee.

Mr. Utter greeted the members of the Committee and thanked them for letting him address them. He stated he is the Policy and Legislative Director of the Florida Youth Initiative, a project of the Southern Poverty Law Center, which is a civil rights organization. They have been working on juvenile justice and education reform in the South since 1998. Over the past decade, they have worked with local and national leaders to reform juvenile justice systems in Florida, Louisiana, Mississippi and Alabama. He wanted to start by acknowledging their partners in this work, some of whom are here and others who could not make it: Children’s Campaign, State Branch of the NAACP, Florida Legal Services, American Civil Liberties Union, Disability Rights of Florida and Florida Institutional Legal Services. They have all contributed enormously to protect children across the State, including the effort to ensure that detained children are safe.

On January 23, 2012, we submitted proposed revisions to the Florida Model Jail Standards as they relate to juvenile detention. Although it has only been less than four months since the adoption of the standards, and only one county has decided to operate under them, it is clear that the FMJS standards governing the housing of juveniles are not adequate to protect children. He stated he would like to start his brief comments by being clear; that we remain opposed to the law which has allowed counties and sheriffs to take over juvenile detention without supervision and oversight by the Department of Juvenile Justice. His office’s work across the State over the past few months, only confirm what we know: jail is no place for children. The rush to take over juvenile detention from the State was ill-conceived and has been implemented poorly, with truly harmful consequences to children in Polk County.

Mr. Utter stated that he understood that the suggested revisions will be considered by the Subcommittee at a later date and appreciate the thoughtful consideration of their request and stand ready to provide expertise and evidence to support their request. Mr. Utter stated that today he would like to present evidence and statements from family members from children detained in Polk County and would appreciate that being placed in the record. The mothers and grandmothers know their children need help. Instead of help and safety however, their children are being treated almost exactly like adult detention detainees in Polk County. Please consider these statements you move forward with our requested revisions to the standards.

Finally, Mr. Utter stated he would like to offer on recent illustrations of the dangers to children in jail based on our conversations with children in the Polk County Jail. The children they spoke to reported that almost two weeks ago six youths in the juvenile unit were in a fight. After the fight was over….after the fight was over, Polk County officers came to the door armed with a chemical agent believed to be pepperspray. An officer first sprayed the youths that were in the dayroom. One of the youths yelled, “I can’t breathe. I can’t breathe. I have asthma.” The officer then proceeded to pulls his dreads back (his hair) and sprayed the child directly in the face. The other young man was vomiting. The children report that the officer then proceeded to one of the rooms where the four other children were now on their beds. He sprayed each of them directly in the face, some of them, twice. When the children tried to protect themselves be covering their faces with their hands or shirts, the officer pulled those away to spray the children directly in the face. As one of the children kept trying to protect themselves, the officer put down the can, grabbed the child by the shirt and shook him, causing his head to hit the cement wall. The officer then sprayed him again.

As though this were not egregious enough, the officer continued to spray into the room as he backed out of it. To make matters even worse, the children were not permitted to decontaminate at all, for what seemed like an hour to them. When they were finally permitted to shower, they were given an insufficient time to get the mace off in such little time. One of the children was not permitted to shower at all. When he complained about that, the officer threatened to spray him again. Even though the children’s beds were coated with mace, they were not permitted new bedding until the next day. According to the youth the only child evaluated by medical after this incident was the young man who vomited. We understand that portions of the facility had videotape capability and that pictures were taken of the youth. We encourage this Committee to evaluate any and all evidence of this incident. This is no way to treat a child. As he has said, they disagree that any child should be held in any Sheriff’s jail, but if a county does decide to take over juvenile detention, they must do so under DJJ standards and oversight, which have been developed over years of expertise in dealing with the unique needs and vulnerabilities of children.

Sheriff Dean, he would be remiss if he did not acknowledge that the Marion County take-over of the Juvenile Detention was done so under DJJ standards with DJJ oversight and that’s the just for this Committee. They pushed hard over the summer to have DJJ standards adopted and on many, many critical points, the revisions which he has submitted, they were voted down. They would encourage this Committee to think hard about modifying those standards to comply with DJJ should counties decide to take over juvenile detention. He stated that he had two statements by Pamela Harrison, mother of a child at the Polk County Jail; and Gloria Tyler, a grandmother of a child at the Polk County Jail. Mr. Utter submitted them for the record. Mr. Utter stated he appreciated the opportunity to present to the Committee today.

Sheriff Dean thanked Mr. Utter for his presentation. Sheriff Dean stated he would like to take a look at the statements closely. Sheriff Dean also stated that he would encourage the Subcommittee to seriously consider the revision requests that Mr. Utter is proposing. Since he has offered to bring in an expert the meeting be held here in Marion County at a time which is given to everyone. He also advised to have the Southern Poverty Law Center attend and anyone else who wants to provide information to the Subcommittee. Lt. Owens stated that was fine and that he would get with Mr. Utter and other groups to determine how many want to participate and decide on what schedule seems best.

Sheriff Dean asked Mr. Utter if he had anything further, and he stated he did not, however there were some members of the community here and other advocacy groups who would address the Committee should they allow it and appreciate the thoughtful consideration of the Committee.

Ms. Loretta Pompey-Jenkins is the president of the Marion County branch of the NAACP who came to the podium to speak next. She thanked Mr. Utter for his words which echo what she is about to say. The Marion County branch of the National Association for the Advancement of Colored People, commonly known as the NAACP, stands proudly and steadfast with its coalition partners in his opposition of confinement of youthful offenders in adult detention facilities. The decision to house juveniles in adult facilities was and is driven by economic and not professional expert advice and input which clearly agrees that youthful offenders provide the best opportunities to rehabilitative behavior which is unacceptable to society and stave off the expensive cost of treating them in a manner that more encourages adult criminal behavior. This decision by elected and appointed political leadership is risky and short-sighted. Custodial officers and staff primarily hired and trained to deal with adult offenders will have difficult challenges transitioning attitudes, feelings and actions to appropriately deal with juvenile offenders. A positive observation has credited Sheriff Dean and the Marion County Jail for its progressive and stellar leadership to assure that juvenile offenders are given the best treatment possible however; we are also concerned and leery of leadership absent from Sheriff Dean and that leadership might revert to good practices of the past and also not only here in Marion County, but in other counties. In view of the current decision, which presently has juveniles offenders housed in adult facilities, the NAACP and members of the Coalition, are relegated to a position of monitoring administrative and management practices in order that the human and constitutional rights of juveniles are protected. The NAACP will continue to work with its Coalition partners and supporters on this critical issue to repeal current legislation and policies which permit youthful offenders to be housed in adult facility. Ms. Jenkins thanked everyone for allowing her the opportunity to be heard. Sheriff Dean thank her.

Next, Mr. Edward Bland, who serves as the Pastor of the Greater Hopewell Baptist Church in Ocala, came to the podium. He stated he has some concerns. In reference to Mr. Utter’s statement about the children, it was horrible to hear that. He stated that his concern from the initial standpoint is that he believes the community at large believes that whenever you house children with adults and you treat children like adults; incarceration is used to modify behavior. It is designed to correct a person’s behavior so when they leave they can conduct themselves as citizens. Mr. Bland stated that he was not quite sure how this was going to turn out because there are a lot of young people who make mistakes. He stated he is not a scientist or a doctor or psychologist, but he has been informed that it takes a person between 24 and 25 years of age before they really make sound and consistent decisions. When there is a 15 or 16 year old and treat them like they are 30 years old, that could turn the young person the other way rather turning them into a productive citizen. Mr. Bland stated he would encourage this community and Committee, Sheriffs and the entire State of Florida to be very careful as we administer this process here and beware of the danger that lurks there. He stated he believed the concerns of all Floridians are that our young people be molded and shaped into productive citizens, not going into a facility and they leave there as hardened criminals because their mind is not as progressed as adults are. Mr. Bland stated this was his concern from his standpoint as a pastor who works with children and adults, as well. He believes it would benefit the State of Florida to make sure the young people get the care and treatment they need so those who do find themselves in trouble with the law, that would be the only time they would be there and be productive citizens rather than push them into a life they don’t need to be in. Mr. Bland stated he prayed this is would be considered in the midst of this process, after all, the goal is to reform them and produce productive citizens in this community. Mr. Bland thanked Sheriff Dean for allowing him to speak and commends him that every time Mr. Bland has attended he (Sheriff Dean) has expressed an interest in the community, regardless of race and age and expressed an interest in young people. Mr. Bland stated that he is saddened the Sheriff is not going to pursue another term, but prayed that the next sheriff has the same consideration for all of the citizens in the State. Sheriff Dean thanked Mr. Bland for his kind words and assured him that this Committee agrees with what he said and that rehabilitation is primary.

Sheriff Dean asked if there were any further comment. Mr. Brian Funk, an attorney representing Disability Rights Florida approached the podium. He stated they are an organization known as a protection advocacy organization for individuals with disabilities. They are federally funded and tasked with defending the civil rights, health, safety and welfare of individuals with disabilities throughout the State. They have significant concerns with the implementation of housing youthful offenders in county jails. He also stated they have significant concerns about how the rules have been promulgated to maintain that population. They are specifically concerned with the most vulnerable of those inmates; children with physical and psychiatric disabilities who may not benefit from programmatic decisions and programs designed for adult inmates. It is their concern that the implementation of these programs, the use of physical and chemical restraints will do no good to for either tthe children in the jails nor the staff members tasked with overseeing them. It will create a punitive environment, rather than one designed to be rehabilitative with a chance to place them back in the community with a chance at a better life. It is their concern that the current model jail standards do not adequately prepare staff members for dealing with children with psychiatric disabilities or physical disabilities. Especially in terms of behavioral programs mandated by those rules. There are no provisions made for individuals like that. He would like to express his support for the revisions put forth by Mr. Utter and the Southern Poverty Law Center. He would urge the Committee to reconsider some of the sections of the FMJS which would affect some of the individuals with whom they are concerned. Sheriff Dean thanked him for his comments.

Joyce Hampton Henry, Director of the Mid-Florida Regional Office of the ACLU-Florida, which is based in Tampa came to the podium. She stated she is also here to join in support of what was stated by the others who preceded her of the rules that apply to pre-adjudicated youth. She stated her organization is extremely concerned about the conditions under which these young people are being held. They are concerned about the training they believe is necessary for those working with you. They also have concerns about the use of chemical and physical restrains as it pertains to the youth. Also, the long term psychological impact it will have on these individuals. They also ask the Committee to take into consideration the recommendations by the Southern Poverty Law Center. Sheriff Dean thanked her for her comments.

Ms. Andrea Costello, an attorney with Florida Institutional Legal Services. Their office is also part of the Coalition referred to by Mr. Utter. She stated they work to protect the civil and human rights of children and young people who are in the Juvenile Justice and adult prison systems in the State of Florida. She wanted to thank them for allowing them to address the Committee. She stated she would be succinct in her comments as she has addressed the Committee before and she believes they know some of the things she is going to say. The organization would like to lend the support to the submissions of the Southern Poverty Law Center in favor of the amendments of the Florida Model Jail Standards as they relate to the detention and housing of juveniles. On the larger issue of detention and youth in adult facilities, they are opposed to this practice and policy as it violates the Constitutional rights of children. It goes against predominant evidence based practices concerning juvenile detention and it leads to physical and emotional harms which remain with children throughout their lives. It deprives them of rehabilitation, of treatment services, of education and programming that they should be receiving while they’re in juvenile detention and it deprives them of the opportunity to develop the tools and skills they need to develop to succeed in the community. Our office represents many children in the community who are subjected to increasing use of excessive force, failure to provide appropriate and adequate mental health treatment, failures to provide medical care, not provided special education and general education services, subjected to prolonged isolation and all of these have lasting and harmful effects on these children. She stated they just want to encourage the Committee again to revise the standards at a minimum so that if a juvenile has to be detained in an adult facility, it can be done under the juvenile standards which are promulgated by the Department of Juvenile Justice and proposed by the Southern Poverty Law Center.

Sheriff Dean stated he appreciated everyone and their comments. He stated we want to give everyone the opportunity to be heard. He stated that they are interested in appropriate standards and are interested in no one being injured through standard promulgation. Sheriff Dean assured them that they are sensitive to the needs of children. He stated the Committee also recognizes that pre-adjudication detention is usually for a very short window. Typically, the hearing has to be held within 14 days, so we’re not talking about long-term incarceration. He stated he understands there can be waivers and it can add up to a month, but we are not talking about long-term. With that being said, Sheriff Dean also commented that we are going to have a very good discussion at the Committee level and we have a lot of very good people working on it and there will be fair opportunity to be heard there as well and then we will have an opportunity at our next meeting to discuss this again.

Sheriff Dean proposed a short break. Mr. Utter and the Coalition contingent departed the meeting. The break was over at 1020 hours and the meeting resumed.

Sheriff Dean called the meeting back to order. Sheriff Dean stated we are now going to go through the Subcommittee reports as we bring this to a conclusion. He asked Commander McGowan to present what he has.

Commander McGowan stated that he has been told by Ms. Hightower that the entire State has complied with facility inspections. Sheriff Dean stated he wanted to make sure that everyone understands that. We have one hundred percent compliance in the State. He wanted to thank everyone who were involved in making sure that happened. He also wanted to thank all the inspectors, especially those who trained inspectors. This is a very good milestone.

Commander McGowan continued. He stated that a couple of counties had some issues, but most of them were housekeeping, minor issues. He stated that anything that had more of a serious connotation has been addressed. A lot of the facilities are still crowded and the majority of those violations are related to that crowding. The corrective action reports are very plain and clear. He stated that no one had informed the Subcommittee that the reports were wrong or wanted to appeal an inspection.

Sheriff Dean asked that if where standards were not met, they were corrected and noted and a corrective action report was submitted. Commander McGowan stated that no one has objected.

Sheriff Dean then asked Lt. Gaudette to submit his report on Training. He stated that the week of October 7, they held a 40 hour jail inspection course here in Marion County. They passed 35 new inspectors. He stated that as far as recertification, of the 139 that were expiring in 2011, 55 did complete that. There were approximately 10 who are no longer employed and a handful of those remaining who were contacted, there was an administrative position that would not allow them to recertify. Typically the agencies had sufficient inspectors on staff. The Training Subcommittee is hosting another 40 hour class during the week of April 16, 2012. He stated they are looking later in the year in North Florida for another class if need be. The Florida Sheriff’s Association is going to handle all scheduling of classes so there is no conflict with the training and anything the FSA may have planned thereby getting the maximum attendance for both.

Sheriff Dean asked Kristine DeKany of the Medical Subcommittee to speak. She stated they held a Medical Inspector’s class in conjunction with the Jail Inspector’s class here in October where 13 medical inspectors were certified and two were recertified for a total of 15. The Subcommittee was presented with the language on the proposed legislation and the only other information was there was an inspection submitted to Ms. DeKany for review of the medical. As a result of that review and discussions between Ms. DeKany and Hillsborough County, there was an addendum submitted to their inspection. Sheriff Dean asked her if she had any issues with the addendum and she did not. Sheriff Dean asked if there were any questions for Ms. DeKany or Lt. Gaudette. Ms. DeKany stated that the Medical Recertification program had been turned over to the Florida Sheriff’s Association, however, it was not yet on-line. She stated that she had not been asked for an extension for any inspectors. She also stated that a Medical Inspectors course would be held in conjunction with the Training in Palm Beach County.

Sheriff Dean asked Isaiah Dennard from the Florida Sheriff’s Association to speak. Mr. Dennard thanked the Committee. He stated that on behalf of the FSA and their President, Sheriff Ben Johnson and the Chairman of the Board of Directors, Sadie Darnell, he thanked the Committee for their time. He stated the Subcommittees have provided technical assistance to him when he has called and needed it. Mr. Dennard stated he would like to recognize several jail directors who are here today and are very involved in this process: Director Holderfield from Jacksonville Sheriff’s Office, Assistant Director Les Neils of Volusia County, Colonel Frank Cyr from St. Johns County, Captain Ray Kugler from DeSoto County, Major Cliff Manley from Seminole County. He stated that Assistant Director from Florida Accreditation Lori Mizell was here and President Juliane Day from the Florida Police Accreditation Coalition.

Mr. Dennard stated they are working on a partnership with the Department of Corrections on Re-entry; prisoner transport issues, training from the National Institute of Corrections, and trying to bring some more training to the Florida Sheriff’s Association. He wanted to thank Corporal Aguiar of the Marion County Sheriff’s Office for going to the Citrus County Jail and doing their first inspection and they are now part of the Marion peer group for inspection. Mr. Dennard wanted to give special thanks to Major Laxton, Lt. Owens and Ms. Hightower for their assistance. He did two back jail inspection classes; one for Jacksonville and one for Miami-Dade for their institutional inspectors. He also stated they are looking forward to 2012.

Sheriff Dean stated that as he heard, this is Mr. Corwin’s last meeting and we want to thank him for his service and would Mr. Dennard please contact the Florida Association of Counties and let them know of his impending retirement. Sheriff Dean asked if they could assist him with anything and Mr. Dennard stated that the Sheriff and the Committee have been of great assistance to him already. He stated that his staff has been gracious hosts. He stated the search is on for a new Chairman since Sheriff Dean is also retiring.

Sheriff Dean opened the floor to comments and asked if anyone wanted to address the Committee.

Ms. Mizell stated she appreciates being here. She stated that for those that don’t know, they had some transition in the Accreditation Office and the FCAC Commissioners decided to go under one executive director. She stated she had been appointed the CFA Director in June 2011 and in January 2012, she was fortunate to take over the FCAC portion. She stated she has been to a couple of jails and is learning a lot. She stated there has been a transition in staff and wanted to introduce them to everyone. Deb Moody who is the Central Florida program manager; Billy Walls, the North Florida Program Manager and Danielle Desoulet who is the South Florida Program Manager. She stated that if there is anything that can be done for anyone or their agencies, to please let them know.

Sheriff Peryam wanted everyone to make sure they pay particular attention to House Bill 667, which is going through right now. It is a bill that he, as well as the other Sheriffs have been pushing with the assistance of the Florida Sheriff’s Association. This bill, under paragraph 3, is in regards to enhanced penalties in the case of an attempted murder or murder on a corrections office. The Florida State Statute under enhanced penalties did not include corrections officers, it was only for law enforcement officers. He stated there was a case in Monroe County where an inmate was involved in an attempted murder case on one of the female corrections officers. The case went to court and they won. The judge gave the maximum sentence for it only to be recalled and had to go from a 25 year sentence to a 15 year sentence because corrections officers were not considered the same as law enforcement officers. Sheriff Peryam stated that he immediately brought it to the attention of the Florida Sheriff’s Association and they have pushed this bill and asked that all those present contact their representatives and legislators to push on this bill and get it passed. A corrections officer life is certainly equal to that of a law enforcement officer. Sheriff Peryam thanked everyone for their efforts.

Ms. Donna DiPesa stated that since we are talking about the differences in DOC and state agencies, she would like to bring this up. She stated she worked for several years prior to her retirement trying to get recognition for jail nurses on par with DOC nurses. She stated that jail nurses are not considered endangered and are not high risk and not covered by any high risk requirements that DOC enjoy. As long as we are working to recognizing the similarities between law enforcement and corrections, we need to address the treatment of jail nurses and DOC nurses.

Sheriff Dean stated he appreciated her concern. Sheriff Dean thanked everyone for their attendance and wished everyone safe travel.

Meeting adjourned 1041 hours

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FLORIDA MODEL JAIL STANDARDS REVIEW

SUBCOMMITTEE MEETING MINUTES (Unadopted)

Friday, February 3, 2012

09: 00 A.M.

Marion County Sheriff’s Office

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