Florida Model Jail Standards On Trial An In Depth Look At Why FMJS Are Failing The Citizens Of Florida.
ONE CENTRAL FLORIDA WOMAN'S INCARCERATION EXPERIENCE AT THE BREVARD COUNTY JAIL IS A PRIME EXAMPLE OF HOW FLORIDA MODEL JAIL STANDARDS ARE FAILING TO PROTECT FLORIDIANS' CIVIL RIGHTS.
SHOULD THE REGULATIONS AND MANDATES OF FLORIDA ADMINISTRATIVE CODE 33-8 BE RE-INSTITUTED?
Updated November 7, 2013
"Men stumble over the truth from time to time, but most pick themselves up and hurry off as if nothing happened."
Winston Churchill
R.E.M. - Losing My Religion
Stop Video By Clicking The Pause Button
The Incarceration Of Sharley Roman And The Evisceration Of Accepted Jail Standards
Public records verify that on September 18, 2013 - 18 year old Brevard County resident, Sharley Roman was arrested by BCSO Deputy Wagner.
Ms. Roman's charges centered around allegations of trafficking in stolen property and false verification of ownership to a pawnbroker, second and third degree felonies.
Ms. Roman spent the better part of the next two days experiencing the horrors of being an incarcerated citizen within a Florida County jail.
OUR PREVIOUS ARTICLE REGARDING PROBLEMS WITHIN FLORIDA JAILS
Click on the image to read the full article
Failing To Follow The Rules And The Ramifications Thereof
Did Ms. Roman fail to follow Florida Statutes when she apparently tried to pawn a video gaming system?
Who knows, that's for a criminal jury to decide, and therefore will not be further discussed within this article.
Rather, the focus of this article will be on whether the Brevard County Sheriff Department is honoring the minimum security, safety and sanitary standards developed for Florida jails. These standards are commonly known as
Florida Model Jail Standards (FMJS).
It is the opinion of VolusiaExposed that these jail standards are routinely ignored and violated by most, if not all Florida jail administrators, including those at the Brevard County jail.
As we (VolusiaExposed) move forward in defending our opinion, we encourage our readers to review the following supportive sources.
The below linked, October 2013 article by Dana Loyd, Chief Editor of BrevardsBestNews.Com.
The below linked, audio interview of Ms. Sharley Roman by BrevardsBestNews' Chief Editor, Dana Loyd.
The incorporated article written by Ned Hafner of the Florida Sheriff's Association (retired) titled "The History Of Standards Development In Florida Jails" - see to the right of screen / page. - >
The History, Development, And Dumbing Down Of Florida Jail Standards
As stated in Ned Nafner's above listed article, prior to the early 1970's, Florida had no jail standards. Each and every county (and sometimes city) jail had its own set of self imposed standards. Imagine the 1967 movie Cool Hand Luke, starring Paul Newman, to get an idea of how Florida jails were being operated during this time frame.
As further detailed in Mr. Hafner's article, the catalyst for the development of jail standards, was a series of successful lawsuits filed by Florida inmates, regarding jail conditions and practices.
"What we've got here is (a) failure to communicate" - Actor Strother Martin, as the Road Captain - Cool Hand Luke, 1967
In response to this litigation, the State of Florida developed statewide universal jail standards, that were codified within
Florida Administrative Code Chapter 33-8 (commomly referred to as FAC 33-8 / click link to review a 1989 copy). These compulsory standards were enforced under the supervision / authority of the Florida Department of Corrections.
These mandatory standards were the accepted markers of what were considered to be acceptable jail practices from the late 1970's to the late 1990's.
The Florida Department Of Corrections (FDOC) strictly enforced the mandates within FAC 33-8 on all county jails under the authority of Florida Statutes. Below are two examples of the FDOC ensuring that the Miami / Dade county jail took corrective action involving non compliance with FAC33-8 mandates.
The Repeal Of FAC 33-8, And It's FMJS Replacement. The Major Differences Between FAC 33-8 And FMJS
Florida Sheriff's Association's Admission Of No Enforcement Authority Within FMJS
In 1996, after many years of lobbying, supported by members of the Florida Sheriff's Association, the Florida legislature allowed the discontinuation of FAC33-8, and replaced it with the Florida Model Jail Standards.
Under the FMJS oversight system, the Florida Department of Corrections would no longer have any jurisdiction over county jails.
The Florida Sheriff's Association was charged with developing and implementing this new FMJS jail oversight system. Ironically, many of Florida county jails are operated by the county's sheriff department.
Initially, the Florida Sheriff Association adopted (with a few immediate changes), the mandates of FAC33-8 as their newly developed Florida Model Jail Standards. However, over the last seventeen (17) years, the old mandates of FAC 33-8 have suffered much additional erosion.
VolusiaExposed.Com's Emails With The Florida Sheriff's Association
Under the old FAC 33-8 system, jails were mandated to be inspected every six (6) months. Under current FMJ standards, jails are only inspected once a year.
Also, under the old FAC 33-8 system, all jail deaths, to include suspected suicides were independently investigated by the state prison inspector / Florida Department of Corrections. Under the current system, in many counties, the sheriff department is responsible for conducting these death investigations.
However, the major difference between the FAC and FMJS oversight process, is that participation in the FAC was mandated by Florida State Statute, while participation in the FMJS is TOTALLY voluntary. Further, if a violation is detected, the FMJS inspector has no enforcement powers.
In a recent email from Mr. Isaiah Dennard of the Florida Sheriff's Association to VolusiaExposed (see above / right of web page), he appears to verify the enforcement short comings of the FMJS oversight process. Mr. Ned Hefnar's article, "The History of Standards Development in Florida Jails" refers to this (lack of enforcement) as the "major difference between" the FAC 33-8 and FMJS processes.
"The major difference between jail inspections conducted under the auspices of the Florida Department of Corrections (FAC 33-8) and the Florida Model jail Standards system is that the process no longer has any teeth. When DOC conducted the inspections, it was mandatory - by state statute - that the jail take corrective action. Under the Model Jail Standards inspection system, it is merely an option that they (the jail) can choose to ignore. The only reason that the jail would want to comply is so that they can seek and maintain accredited status under the Florida Corrections Accreditation Commission." -- Ned Hefnar - The History Of Standards Development In Florida Jails
As Compliance With Standards Plummet, The Housing Of The Mentally ILL Within Florida Jails Skyrocket
As with most things in life, the weakest citizens suffer the most, when regulatory safeguards are reduced or abandoned.
Many career criminals have by experience become jail house lawyers, and can to some extent defend their safety and civil rights from serious violations. However, inmates like Ms. Roman (18 years of age - new to incarceration), and the mentally ill can not effectively defend themselves from such violations.
We invite you to watch the attached 2006 CBS video report on the incarceration of mentally ill inmates in Florida county jails. Realize, that by 2006, the FMJS system was in full effect. VolusiaExposed is of the opinion, that under the abandoned FAC33-8 system, many, if not most of the horrors exposed in this video would have been properly addressed by inspectors from the Florida Department of Corrections.
Interestingly, about the same time CBS was filming the above video report, the Brevard County jail was opening their new mental health wing, the very same wing (know as the "bubble") where Ms. Roman was incarcerated.
What Others Have Said About The Florida Model Jail Standards.
Pensacola Independent News February 21, 2008
Click on the image to read the full article
A GOOGLE search will locate several well written articles exposing the fallacies of Florida Model Jail Standards.
VolusiaExposed invites our readers to review a February 2008 article written by Jennifer Waters of the Independent News.
Waters' article titled, Judging The Jails further discusses many of the concerns incorporated into our article regarding the Florida Model Jail Standards.
Waters interviews of Florida correctional professionals, further validate the failure of the FMJS to ensure mininal security, safety and sanitary standards within Florida county jails.
We recommend reading what Lt. Gary Harbin of the Marion County jail and others had to say about there being no provisions (within FMJS) for the enforcement of those standards. "There is no provision for enforcing Florida Model Jail Standards"......."the standards are not part of a pass or fail system" - Lt. Harbin
"To have your crew go to a neighboring county and inspect it's jail and give it the A-OK and document it, I dont' think menas boo. I really don't." - Ken Kerlen, Ph.d - managing editor of the American Jails magazine.
Now Back To The Sharley Roman Incident Was The Brevard County Jail's Housing Of Ms. Roman In Violation Of FMJS?
Maybe the question should be, that since there are no enforcement provisions within FMJS, can there actually be any violations of FMJS?
But let's assume that since there are written standards, that failure to follow those standards would be a perceived violation.
We again invite you to listen to Ms. Roman's account of her experience within the Brevard County Jail.
As you listen to Ms. Roman's account of her sitting and sleeping on the floor, eating grits with fingers, etc., you can be reviewing Florida Model Jail Standards in the scroll box to the right of this page - and deciding for yourself whether the Brevard County jail is in compliance with these standards.
We also invite you to consider whether the treatment of the mentally ill inmates within the CBS video (see above) was in compliance with FMJS. Does FMJS allow multiple inmates to rotate the usage of a sleeping bunk?
In our (VolusiaExposed) opinion both Ms. Roman's audio statement and the CBS video report expose clear violations of Florida Model Jail Standards.
FLORIDA MODEL JAIL STANDARDS
Based On Ms. Roman's Audio Account, Below Are A Few Possible Highlighted Violations Of FMJS.
Hafner states - "The only reason that the jail would want to comply (FMJS) is so that they can seek and maintain accredited status under the Florida Corrections Accreditation Commission."
The Florida Corrections Accreditation Commission (FCAC) model their accreditation standards from the Florida Model Jail Standards (FMJS).
The Brevard County jail is currently accredited by the FCAC. We invite you to review their web link, by clicking the image that is to the right of this web page.
In theory, any Florida jail that is in compliance with FMJS, should with a little documentation gathering, be able to seek and maintain accredited status through the FCAC.
Click on the image to open Flaccreditation.org
However, it would be extremely unlikely, that an agency (jail) that had several non compliance issues with FMJS, would be able to successfully maintain their accredited status with FCAC.
FCAC is sponsored by the
Florida Department of Law Enforcement - such is supported by the FCAC sharing FDLE's Tallahassee P.O. Box of 1489 - see bottom of screen on the FCAC web page.
VolusiaExposed intends on further investigating whether there are FCAC accredited jails, that are seriously out of compliance with FCAC and FMJS standards.
Our Final Thoughts On Why Our Jails And The Police Need To Be Governed By Enforceable Regulations The Further Erosion Of The Public's Trust
We believe that the Florida jail oversight system must obtain better credibility than that of the current FMJS system. Why is it so important? Well as explained above, lives are entrusted to this oversight system. Further, we suspect that if the jail oversight system is perceived to have little to no credibility, this lack of confidence will start to erode the veracity of other law enforcement systems.
If a law enforcement agency claims to be in compliance with FMJS, a system of standards that has no non-compliance ramifications - then how much confidence can the public assign to that very same agency's internal affairs section? Are allegations of officer misconduct handled in the same fashion as compliance with FMJS standards? Are internal affairs policies even really followed, are there any real ramifications for officer misconduct?
The Slippery Slope Of Having Non-Enforceable Police Standards
Heck, they're only jail inmates - who really cares if there are really enforceable jail regulations - right?
WRONG !! - It is a very dangerous precedent to place our law enforcement officers under non enforceable mandates, like the Florida Model Jail Standards.
Why is it wrong - well because the police historically have a problem staying within guidelines. If we give them a set of guidelines, but never require enforcement of those guidelines (like FMJS), then we invite our police to over reach in other areas.
How comfortable would we be if our local law enforcement officers starting treating the mandates of the U.S. Bill Of Rights, like the alleged mandates of the FMJS?
Imagine that each time an inmate is not given a bunk to sleep on (a violation of FMJS), your local police officer made a warrantless search of your home (a violation of your 4th Amendment). Impossible? Well you only have to look above to find examples in both the Ms. Roman audio and the CBS video report of inmates being denied a bunk to sleep on, and you need only to review the below video for a quick example of the police violating the 4th Amendment of citizens walking the streets of Philadelphia.
When the Nazis came for the communists, I said nothing; I was, of course, no communist.
When they locked up the Social Democrats, I said nothing; I was, of course, no Social Democrat.
When they came for the trade unionists, I said nothing; I was, of course, no trade unionist.
When they came for me, there was no one left who could protest. --- Martin Niemoller
And Here We Are Sitting In The Corner, Losing Our Religion (faith in the system)
Note the investigator's failure to challenge the inconsistencies in the jail documents time of death and the condition of Ms. Veira's body (rigor mortis).
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FLORIDA JAIL OVERSIGHT IN RETROGRADE The Pendulum Swings Right
If you found this article to be thought provoking, we
(VolusiaExposed.Com) invite you to review, the below linked, Special
Investigative Report, exposing law enforcement corruption with the State
of Florida.
SARASOTA HERALD-TRIBUNE'S SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION