Florida Regulations 33-205.101: Private Correctional Facilities – Requests for Proposals, Contracts, Construction, and Operation
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(1) The Department of Corrections is authorized to contract for the operation of adult institutions, community correctional centers, vocational centers, youthful offender institutions, mental health treatment facilities, probation and restitution centers and other treatment programs. Inmates housed in private facilities shall be classified in the same manner as inmates housed in department facilities and provided in Fl. Admin. Code R. 33-601.210
(2) Requests for Proposals and Contracts.
(a) The Department of Corrections shall develop requests to receive proposals (RFP’s) from prospective vendors for the construction and operation of a new facility, operation of existing facilities as private correctional facilities or contracting for beds in a facility operated by a private contractor. These RFP’s shall require that vendors comply with all mandatory and essential standards of the American Correctional Association, all federal and state constitutional requirements, local, state, and federal laws, all court orders and consent decrees of any litigation to which the Department of Corrections is a party, and the rules of the Department of Corrections as they relate to the type of facility on which the RFP is issued.
(b) The response to the RFP shall become a part of the contract and shall be monitored pursuant to the contract. The contracts executed pursuant to the RFP shall be with the vendor and may not be assigned. Any other entities providing goods or services pursuant to these contracts shall be considered to be subcontractors to the vendor and not in privity with the state.
(3) Physical facility requirements. Physical facility requirements shall be the same as those for comparable department facilities. The contract and RFP shall contain detailed descriptions of these requirements so as to ensure the same care, custody and control of those inmates housed in the private facility as required of department facilities housing the same classifications of inmates. The vendor must conform to the requirements set forth in the contract unless a prior approval for a deviation is received from the Department of Corrections. The Department shall approve such deviations only after determining that the same services and programs can be provided by the modified facility.
(4) Critical staffing levels. Prototype staffing shall be provided unless the department grants a deviation after determining that the same level of services and programs can be provided by the vendor at a modified level.
(5) Maximum capacity levels. The RFP and contract shall establish a level of design and maximum capacity consistent with comparable department facilities pursuant to Fl. Admin. Code R. 33-601.210, and shall set forth a detailed description of these requirements.
(6) Minimum program offerings. Each facility shall provide, at a minimum, the following inmate programs:
(a) Work programs;
(b) Orientation;
(c) Pre-release;
(d) Religious services;
(e) Recreation;
(f) Leisure time activities;
(g) Substance abuse treatment;
(h) Education;
(i) Citizen volunteer programs.
(7) Provision of health services. The contractor shall be responsible for the provision of health care services to inmates consistent with Chapter 33-401, F.AC., at a level which is equal to or better than that required in the RFP or contract. The program shall comply with all rules, statutes, regulations, and other legally mandated requirements in effect prior to and during the life of the contract.
(a) The contractor shall provide an operations manual for the medical program which shall address at a minimum the following:
1. Job qualifications and descriptions;
2. Inpatient care procedures;
3. Outpatient care procedures;
4. Management of sick call;
5. Chronic disease management;
6. Infection control;
7. Quality assurance;
8. Medical emergencies;
9. Diagnostic services;
10. Mental health services;
11. Dental care;
12. Medical records;
13. Hazardous waste disposal.
(b) The contractor shall provide a listing of services and resources to be provided by subcontractors to the private vendor.
(c) Safety and security arrangements in all instances of inmate transfer for inpatient or outpatient care shall be the responsibility of the contractor and shall be consistent with (12) of this rule.
(d) Inmates transferred to outside medical facilities for diagnostic, outpatient or inpatient care shall be transported and supervised by the contractor at its expense and in accordance with (12) of this rule.
(e) The contractor shall be responsible for that portion of outside hospital inpatient medical treatment cases as outlined in the RFP and agreed upon in the contract. The cost of providing security for the entire period of transportation and visit shall be borne by the contractor.
(8) Provision of food services. The vendor shall provide a food services program which is in conformance with Fl. Admin. Code Chapter 33-204 The vendor shall provide all food, staffing and supervision of preparation for the total delivery of food service, either directly or through subcontracts.
(9) Inmate disciplinary procedures. Private contractors shall comply with disciplinary procedures as set forth in Rules 33-601.301-.314, F.A.C.
(10) Confinement. The following rules of the department shall be applicable to inmates in confinement status in private facilities:
(a) Administrative confinement – Fl. Admin. Code R. 33-602.220;
(b) Protective management – Fl. Admin. Code R. 33-602.221;
(c) Disciplinary confinement – Fl. Admin. Code R. 33-602.222;
(d) Close management – Fl. Admin. Code R. 33-601.800
(11) Community release and furloughs. Inmates incarcerated in private facilities may leave the grounds of the facility for community release pursuant to Fl. Admin. Code R. 33-601.602, or for furloughs pursuant to Fl. Admin. Code R. 33-601.603
(12) Transportation of inmates. Inmates shall be transported by private contractors only in medical situations or when the inmate’s presence constitutes a threat to the security and order of the institution. Inmates shall be transported by the contractor when so ordered by a court. Any transportation of an inmate shall be subject to review and approval of the department pursuant to Fl. Admin. Code R. 33-601.601
Rulemaking Authority 944.719 FS. Law Implemented Florida Statutes § 944.719. History-New 10-17-90, Amended 3-24-97, Formerly 33-32.002.
Terms Used In Florida Regulations 33-205.101
- Contract: A legal written agreement that becomes binding when signed.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) The Department of Corrections shall develop requests to receive proposals (RFP’s) from prospective vendors for the construction and operation of a new facility, operation of existing facilities as private correctional facilities or contracting for beds in a facility operated by a private contractor. These RFP’s shall require that vendors comply with all mandatory and essential standards of the American Correctional Association, all federal and state constitutional requirements, local, state, and federal laws, all court orders and consent decrees of any litigation to which the Department of Corrections is a party, and the rules of the Department of Corrections as they relate to the type of facility on which the RFP is issued.
(b) The response to the RFP shall become a part of the contract and shall be monitored pursuant to the contract. The contracts executed pursuant to the RFP shall be with the vendor and may not be assigned. Any other entities providing goods or services pursuant to these contracts shall be considered to be subcontractors to the vendor and not in privity with the state.
(3) Physical facility requirements. Physical facility requirements shall be the same as those for comparable department facilities. The contract and RFP shall contain detailed descriptions of these requirements so as to ensure the same care, custody and control of those inmates housed in the private facility as required of department facilities housing the same classifications of inmates. The vendor must conform to the requirements set forth in the contract unless a prior approval for a deviation is received from the Department of Corrections. The Department shall approve such deviations only after determining that the same services and programs can be provided by the modified facility.
(4) Critical staffing levels. Prototype staffing shall be provided unless the department grants a deviation after determining that the same level of services and programs can be provided by the vendor at a modified level.
(5) Maximum capacity levels. The RFP and contract shall establish a level of design and maximum capacity consistent with comparable department facilities pursuant to Fl. Admin. Code R. 33-601.210, and shall set forth a detailed description of these requirements.
(6) Minimum program offerings. Each facility shall provide, at a minimum, the following inmate programs:
(a) Work programs;
(b) Orientation;
(c) Pre-release;
(d) Religious services;
(e) Recreation;
(f) Leisure time activities;
(g) Substance abuse treatment;
(h) Education;
(i) Citizen volunteer programs.
(7) Provision of health services. The contractor shall be responsible for the provision of health care services to inmates consistent with Chapter 33-401, F.AC., at a level which is equal to or better than that required in the RFP or contract. The program shall comply with all rules, statutes, regulations, and other legally mandated requirements in effect prior to and during the life of the contract.
(a) The contractor shall provide an operations manual for the medical program which shall address at a minimum the following:
1. Job qualifications and descriptions;
2. Inpatient care procedures;
3. Outpatient care procedures;
4. Management of sick call;
5. Chronic disease management;
6. Infection control;
7. Quality assurance;
8. Medical emergencies;
9. Diagnostic services;
10. Mental health services;
11. Dental care;
12. Medical records;
13. Hazardous waste disposal.
(b) The contractor shall provide a listing of services and resources to be provided by subcontractors to the private vendor.
(c) Safety and security arrangements in all instances of inmate transfer for inpatient or outpatient care shall be the responsibility of the contractor and shall be consistent with (12) of this rule.
(d) Inmates transferred to outside medical facilities for diagnostic, outpatient or inpatient care shall be transported and supervised by the contractor at its expense and in accordance with (12) of this rule.
(e) The contractor shall be responsible for that portion of outside hospital inpatient medical treatment cases as outlined in the RFP and agreed upon in the contract. The cost of providing security for the entire period of transportation and visit shall be borne by the contractor.
(8) Provision of food services. The vendor shall provide a food services program which is in conformance with Fl. Admin. Code Chapter 33-204 The vendor shall provide all food, staffing and supervision of preparation for the total delivery of food service, either directly or through subcontracts.
(9) Inmate disciplinary procedures. Private contractors shall comply with disciplinary procedures as set forth in Rules 33-601.301-.314, F.A.C.
(10) Confinement. The following rules of the department shall be applicable to inmates in confinement status in private facilities:
(a) Administrative confinement – Fl. Admin. Code R. 33-602.220;
(b) Protective management – Fl. Admin. Code R. 33-602.221;
(c) Disciplinary confinement – Fl. Admin. Code R. 33-602.222;
(d) Close management – Fl. Admin. Code R. 33-601.800
(11) Community release and furloughs. Inmates incarcerated in private facilities may leave the grounds of the facility for community release pursuant to Fl. Admin. Code R. 33-601.602, or for furloughs pursuant to Fl. Admin. Code R. 33-601.603
(12) Transportation of inmates. Inmates shall be transported by private contractors only in medical situations or when the inmate’s presence constitutes a threat to the security and order of the institution. Inmates shall be transported by the contractor when so ordered by a court. Any transportation of an inmate shall be subject to review and approval of the department pursuant to Fl. Admin. Code R. 33-601.601
Rulemaking Authority 944.719 FS. Law Implemented Florida Statutes § 944.719. History-New 10-17-90, Amended 3-24-97, Formerly 33-32.002.