Committee Members:
Sheriff John Rutherford, Chairperson – Jacksonville Sheriff’s Office
Sheriff Gary Borders – Lake County Sheriff’s Office
Sheriff Mark Hunter – Columbia County Sheriff’s Office
Commissioner Joshua Wagner – Volusia County
Attendees:
Wanda White – Escambia County Sheriff’s Office
William Walls – Florida Corrections Accreditation Commission
Jimmy Holderfield – Jacksonville Sheriff’s Office
David Harvey – Jacksonville Sheriff’s Office
Clarence James – Jacksonville Sheriff’s Office
David Utter- Southern Poverty Law Center
Matt Reinhart – Volusia County Department of Corrections
Joyce Hamilton Henry – ACLU of Florida
Rev. Edward Bland – Pastor
Juliane Day – FLA-PAC, Sumter County Sheriff’s Office
Kristine Dekany – Hernando County Sheriff’s Office
Ann Juhasz – Palm Beach County Sheriff’s Office
Anne Gibson – Polk County Sheriff’s Office
Paul Adee Hillsborough County Sheriff’s Office
Katherine Burns – Jacksonville Sheriff’s Office
Blair Waller – Sarasota Sheriff’s Office
Mike Fisher – Osceola County Sheriff’s Office
Donna DiPesa (Retired) – Clay County Sheriff’s Office
Jason Caban – St. Johns County Sheriff’s Office
Danette Scott – Jacksonville Sheriff's Office
Karen Thompson Jacksonville Sheriff's Office
Keyontay Humphries – Southern Poverty Law Group
Danette Desilet – Florida Correctional Accreditation Commission
Isaiah Dennard – Florida Sheriff’s Association
David Kilcrease – Jacksonville Sheriff’s Office
Sean Farrell – Orange County Corrections Department
Joseph Gaudette – Charlotte County Sheriff’s Office
Tina Carlson – Clay County Sheriff’s Office
Michael Alterman – Palm Beach Sheriff’s Office
Michael Allen – Polk County Sheriff’s Office
J. Michael Jowers – Jacksonville Sheriff’s Office
David Parisi– Sarasota Sheriff’s Office
Kristen Flanagan – Jacksonville Sheriff Office
John Cooper – Osceola County Jail
Al Diaz – Jacksonville Sheriff’s Office
Peyton Grinnell – Lake County Sheriff’s Office
Chrissy Edmonds – Jacksonville Sheriff’s Office
Warren Calloway – Jacksonville Sheriff’s Office
Beth Richards – Collier County Sheriff’s Office
Larry Auger – Columbia County Sheriff’s Office
James Agular, Jr. – Marion County Sheriff’s Office
Lynette Clinch – Jacksonville Sheriff’s Office
Jay Dreschnack – Hernando County Sheriff’s Office
Teresa Edwards – Palm Beach County Sheriff’s Office
Robin Sisak – Jacksonville Sheriff’s Office
Don Ross – Palm Beach County Sheriff’s Office
Kevin McGowan – Collier County Sheriff’s Office
Rob Mason – Public Defender’s Office
Steve Binegar – Sumter County Sheriff’s Office
Cindy Frederick – Seminole County Sheriff’s Office
Maurena Dukes – Jacksonville Sheriff’s Office
Lawanna Ware – Nassau County Sheriff’s Office
Tara Wildes – Jacksonville Sheriff’s Office
Tomas Jimenez – PRIDE Enterprise
Eric Muench – Jacksonville Sheriff’s Office
Natishia Stevens – ACLU of Florida, JJJC
Ruben Bryant – Jacksonville Sheriff's Office
Brad Delaere – St. Johns County Sheriff’s Office
Clifford Manley – Seminole County Sheriff’s Office
Dwain Senterfitt - Jacksonville Sheriff's Office
Darryl Daniels - Jacksonville Sheriff's Office
Adriane Head - Jacksonville Sheriff's Office
Terica Fullwood – Jacksonville Sheriff's Office
Michelle Price - Jacksonville Sheriff's Office
Catherine Perkins – Seminole County Sheriff’s Office
Andy Goethe – Jacksonville Sheriff’s Office
Welcome:Sheriff Rutherford welcomed everyone and thanked them for their attendance.
Sheriff Rutherford thanked Keiser University for hosting the meeting, Aramark for providing refreshments and G4S for sponsoring the lunch.
Established Quorum
Sheriff Rutherford established a quorum
Legal Notifications
Sheriff Rutherford established that the proper legal notifications had been made.
Pledge of Allegiance
Sheriff Rutherford led everyone in the Invocation and Pledge of Allegiance.
Sheriff Rutherford had a moment of silence for Sergeant Gary Morales, Port St. Lucie.
Approval of Minutes:
A motion to approve minutes from last meeting held on February 3, 2012, was made by Sheriff Borders and seconded by Sheriff Mark Hunter. The motion carried unanimously.
NEW BUSINESS:
Sergeant Harvey addressed an issue regarding agencies waiting until the last minute to conduct their inspection, specifically from Washington County. Medical inspection was scheduled for December 20, 2012. It was actually conducted on January 4, 2013.
Standards Review Presenter: David Utter
Standard 2.01(a) Standard was pulled.
Standards Review Subcommittee – Presenter – Major McGowan
Standard: 2.19 Standard was pulled.
Proposal: Standard was pulled because we have established a Prison Rape Elimination Act (PREA) subcommittee met in Sumter County, on January 7, to discuss the standards and find an appropriate place to put them in the FMJS standards. They are still working on this. It still has to go through the Standards subcommittee.
Instead of creating a separate stand-alone chapter, they will be integrated throughout the standards where they belong.
Rationale: The FMJS Standards Sub-Committee has not reviewed the proposal from the PREA Sub-Committee.
Standards Review Subcommittee Presenter – Wanda White, Escambia County
Standard: 3.02 Standard was approved.
Proposal: Addressed from beginning (No employee shall) to paragraph J. (Employees will make a complete written report); breaking it up to creating new paragraphs: 1 – 6. In 3.06, “will” was changed to “shall” for consistency.
Rationale: The request for this revision is language clarification.
Standards Review Subcommittee Recommendation: Approved
Discussion: Just an administrative change.
Motion: Sheriff Rutherford asked for a motion to approve. Commissioner Wagner made a motion for approval, which was seconded by Sheriff Borders. Motion passed unanimously.
Standards Review Presenter – David Utter
Standard: 3.02(d) Standard was approved.
Proposal: An employee will not threaten, intimidate or otherwise harass or retaliate against an inmate for complaining about treatment of conditions of confinement, reporting abuse, filing or seeking to file a grievance, communicating with counsel or seeking redress through the courts.
Also included are Constitutional laws about reprisals or penalties.
Standards Review Subcommittee Recommendation: Approved
Motion: Sheriff Rutherford asked for a motion to approve. Sheriff Borders made a motion to accept the language as proposed, with the additional information outlining prohibition against threats, intimidation, etc., which was seconded by Sheriff Hunter. Motion passed unanimously.
Standards Review Subcommittee – Presenter –David Utter
Standard: 3.02(h) Proposed Standard changed was disapproved.
Proposal: No employee supervising juveniles carrying firearms, ammunition, chemical agents, electronic devices, blackjack or any other equipment or devices into a secure area of a detention facility except in emergencies and/or is authorized by policies and procedures for the facility.
This is one of the adult chapters. Chapter 20 deals with juveniles
Standards Review Subcommittee Recommendation: Disapproved
Discussion: There is a juvenile section. We are trying to keep all proposals pertinent to the juveniles in the juvenile section.
With smaller facilities, where juveniles are housed in the adult facility, there should be a cross reference of policies and procedures pertaining to juveniles, as well as adults, when there are both in the same facility.
Also discussed restraint weapons used within the Department of Corrections used on a scale within the Use of Force continuum, and only in response to resistance, even though juveniles are a different population.
Kevin McGowan advised he is on the review committee. They will address this when they get to Chapter 20. Items discussed such as Use of Force, use of restraint devices, even ratios of deputies to inmates were also put off until they get to Chapter 20. Sheriff Rutherford advised to ensure this is addressed in Chapter 20, Paragraph 20.02, and Subparagraph K.
Motion: Sheriff Rutherford asked for a motion. Sheriff Border made a motion for the standard to remain as is, which was seconded by Sheriff Hunter. Motion passed unanimously.
Standards Review– Presenter – David Utter
Standard: 3.03(b) Proposed Standard change was disapproved
Proposal: Chemical agents and electronic weapons shall all be used with caution by employees trained in its use, when use of force is necessary. This level of force is least likely to cause injuries to staff and inmates, and only if in compliance and authorized by the policy and procedure directives for the facilities. Chemical agents will only be used on juveniles by certified officers when requested to respond to juvenile detention facilities under circumstances that present a serious risk and bodily harm and cannot be controlled by existing juvenile corrections officers. Before chemical agents are used, officers shall first attempt verbal escalation techniques. Under no circumstances shall electronic weapons be used on juveniles. In all cases where chemical agents are used on inmates the minimal amount necessary shall be used and each inmate shall be examined by a physician or medical personnel as soon as possible. Acknowledgement of the medical examination shall be annotated on the Use of Force Report and the Use of Force Report shall further document the extenuating circumstances that gave rise to the use of chemical agents and all verbal de-escalating techniques that were used before the application of chemical restraints.
Standards Review Subcommittee Recommendation: Disapproved
Discussion: This standard is also covered under Chapter 20.02. Sheriff Rutherford advised at the next Commission Meeting, they will address all of the items under Chapter 20.02, dealing with Use of Force.
Kevin McGowan, Collier County Sheriff’s Office, advised almost all items dealing with juveniles and Use of Force were put off until they could get to Chapter 20. All issues were addressed in Chapter 20 and are working their way through the process.
Mr. Utter’s proposal included language such as, “under no circumstance shall electronic weapons be used on juveniles.” Mr. McGowan strongly disagreed with Mr. Utter. The language they (committee) proposed is not in Chapter 20 right now, but it will be proposed for the changes in Chapter 20.
There was concern with the language, “under no circumstances shall electronic devices be used.” There was also concern with taking tools from officers that enables them to control situations. That should be a last resort. This was the same sentiment the review committee had. This relates to the Use of Force Continuum. FDLE has a Use of Force Continuum and DJJ also has one.
Wanda White, Escambia County Sheriff’s Office, discussed the history of creating standards for juvenile detention facilities.
David Utter, Southern Poverty Law Center, discussed the liabilities of allowing staff to carry use of force agents in juvenile detention centers. He also addressed adequate staffing.
Members discussed having the devices on them to quail situations, which makes it safer for everyone including officers (training issues). They advised there is no reason to change the standards, especially when officers are properly trained.
Sheriff Rutherford concluded this area advising that two systems have been melded together through this legislation and subject matter experts from both areas to develop our model standards as reflected in Chapter 20 and other chapters in the FMJS. He is going to instruct staff not to bring it up at the next meeting, because as far as he is concerned, it has been settled. He supports the decision that came out of the last meeting. Members agreed. A suggestion was made to address more training.
Motion: Sheriff Rutherford asked for a motion. Commissioner Wagner made a motion to deny this standard, which was seconded by Sheriff Borders. Motion passed unanimously.
Standards Review– Presenter – David Utter
Standard: 3.03(b) - Covered Under Chapter 20 to be reviewed at next meeting.
Standards Review – Presenter – David Utter
Standard: 4.02 and 4.03 – Withdrawn by David Utter.
This standard would be better suited in Chapter 17 because that chapter deals with the admission of juveniles into adult facilities (admission, classification and release of juveniles).
Proposal: Same language except body cavity search shall not be conducted on juveniles and will only be conducted on adults by licensed medical personnel.
Standards Review Subcommittee Recommendation: Withdrawn
Discussion: Mr. Utter advised he had no problem moving them to Chapter 17 and addressing them at a later date. Body cavity and strip search issues and how kids are different from adults. He asks that the committee consider that when they do the necessary searching for contraband.
Members also discussed language that impedes the standard of care, custody and control at a higher level for juveniles.
Mr. Utter advised kids in the juvenile justice system are there for short periods of time (2 – 3 days) and are mainly there for a delinquency offense. If you provide a safe, therapeutic, homelike environment, that disruption from their life, makes it more likely that they are not going to re-offend, that they are going to move on with their lives. That is the purpose of the juvenile system, as opposed to kids in the adult system, whose charge was so dangerous. Kids are different and deciding to take over juvenile detention is a real important decision and need to be evaluated across the country at how kids are helped. We should look at those places that are doing well.
Standards Review – Presenter – David Utter
Standard: 4.03 - Withdrawn by Mr. David Utter
This standard would be better suited in Chapter 17 because that chapter deals with the admission of juveniles into adult facilities (admission, classification and release of juveniles).
Standards Review Subcommittee – Presenter – Wanda White, Escambia County
Standard: 6.05
Proposal: Recommended dietary allowances of National Research Council – adds license is required by statute. Information is not in the standard. Change is in paragraph F.
Standards Review Subcommittee Recommendation: Approved
Discussion: The use of dietician and nutritionist are not the same terms. License is required in Florida for a Nutritionist and Dietician.
Motion: Sheriff Rutherford asked for a motion to approve change. Sheriff Borders made a motion to approval change, which was seconded by Sheriff Hunter. Motion passed unanimously.
Standards Review Subcommittee – Presenter – David Utter
Standard: 11.09 Proposed Standard change was disapproved
Proposal: Same issue previously discussed
Standards Review Subcommittee Recommendation: Disapproved
Motion: Sheriff Rutherford asked for a motion. Commissioner Wagner made a motion to disapprove, which was seconded by Sheriff Borders. Motion passed unanimously.
Standards Review Subcommittee – Presenter – Lt. Chuck Davis, Leon County
Standard: 12.05 - Proposed Standard change was approved.
Proposal: All garbage, trash and rubbage shall be collected and removed from inmate residential areas at least daily, more often is recommended. Garbage shall be collected and stored in pervious leak proof and lock tight containers. All containers, storage areas, dumpsters, compactors, etc., on the surrounding premises shall be kept clean and free of vermin. Garbage shall be removed from the site as often as necessary to maintain sanitary conditions. If garbage or trash is disposed of on the premises then the disposal shall not create sanitary nuisance or conditions and shall comply with the provisions of the Florida Department of Environment Protection and Florida Administrative Code of Chapter 62.
Standards Review Subcommittee Recommendation: Approval
Discussion: Original proposal was sent back to the Rules Committee for rewording. It was updated from carryover from DOC Standard 33.8. A few Florida Administrative Codes were removed that were no longer on the record.
Motion: Sheriff Rutherford asked for a motion. Sheriff Hunter made a motion to accept, which was seconded by Commissioner Wagner. Motion passed unanimously.
Side Note: Joe Gaudette, Charlotte County, added this change will affect several inspection check lists which will require rewording as well: Checklist item #153, currently refers to Chapter 17.7. He recommends that checklist items be changed to reflect the change that has been approved.
Motion: Sheriff Rutherford asked for a motion to change Checklist Item 153 to match Standard 17.7. Sheriff Hunter made a motion to accept, which was seconded by Sheriff Borders. Motion passed unanimously.
SUBCOMMITTEE REPORTS
Compliance Report – Beth Richards, Collier County Sheriff’s Office
60 Submissions for the FJMS inspections out of 67 counties
53Medical Inspections – out of those inspections, 79 notable violations on the FMJS side, 20 that were medical inspections, and 4 serious violations for the entire state. All are in the process of being corrected (4 serious: 1 fire and 3staffing issues).
Training Report – Joe Gaudette, Charlotte County
April 1, 2013, will be the next FMJS Jails Inspection Training in Lake County and will be paired with Medical Training.
200Jail Inspectors on the list (active inspection list is probably 100)
Outline Training – Medical training is up and running thanks to FSA. Please inform staff of training available. If there is training that need to be added, please notify myself or Isaiah Dennard.
Refresher Training at the upcoming FLA-PAC Conference, in Benita Springs.
Medical Report –KristineDekany, Hernando County Sheriff’s Office
Proposed changes to Medical Subcommittee, replacing members not actively participating in the subcommittee. Renee Bingham resigned from Pasco County Sheriff Office. She has had no response from Janice Hill, Pinellas County, or Sonya Oldham, who are both retired.
She proposed two new members to the committee: Dr. Bethany Weaver, Hillsborough County Sheriff’s Office – oversees contracts; and Rick Brenan, Pinellas County Sheriff’s Office – Administrative R.N. Both agencies approved.
Inactive members and new members will be sent letters confirming changes. Commission members thanked everyone for their commitment and dedication.
PREA Report - IsaiahDennard, Florida Sheriff’s Association
He advised that they have prepared drafts which are ready to go to the Standards Review Subcommittee. PREA is voluntary not mandatory. Once they are placed in the standards, they become mandatory for all jails. PREA is an unfunded mandate. Large jails can do things the smaller jails cannot do. We need to consider that when we move forward. The committee will make our recommendation and the full committee can make the decision how we will move forward.
He thankedPresident Juliane Day for supporting the FSA partnership with FLA PAC to begin training. He commended Captain Richards and her committee on an excellent job of reviewing reports. He added we also have to self-police and clean up things that we are doing.