Florida Senate - 2018 CS for SB 484
By the Committee on Criminal Justice; and Senator Bradley
591-01284A-18 2018484c1
1 A bill to be entitled
2 An act relating to sentencing; amending s. 921.188,
3 F.S.; authorizing a court to sentence offenders to a
4 county jail for up to 24 months under certain
5 circumstances for offenses committed after a specified
6 date; requiring sentencing conditions; prohibiting an
7 offender from receiving gain-time or other sentence
8 credit that would result in the offender serving less
9 than 85 percent of his or her sentence; providing that
10 contracts are contingent upon an appropriation;
11 providing contractual requirements; requiring specific
12 appropriations; providing for such appropriations;
13 requiring the validation of per diem rates before
14 payments are made; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 921.188, Florida Statutes, is amended to
19 read:
20 921.188 Placement of certain state inmates in local
21 detention facilities.—
22 (1) For offenses committed on or after Effective June 17,
23 1993 and before July 1, 2018, notwithstanding the provisions of
24 ss. 775.08, former 921.001, 921.002, 921.187, 944.02, and
25 951.23, or any other law to the contrary, a person whose
26 presumptive sentence is 1 year and 1 day up to 22 months in a
27 state correctional institution may be placed by the court into
28 the custody of a local detention facility as a condition of
29 probation or community control for a felony offense contained in
30 sentencing guidelines categories five through nine contained in
31 Rules 3.701 and 3.988, Florida Rules of Criminal Procedure, or
32 similar levels described in s. 921.0022, except for such person
33 whose total sentence points are greater than 52 or less than 40.
34 The court may place such person for the duration of the
35 presumptive sentence. The court may only place a person in a
36 local detention facility pursuant to this section if there is a
37 contractual agreement between the chief correctional officer of
38 that county and the Department of Corrections. The contract may
39 include all operational functions, or only housing wherein the
40 department would provide staffing and medical costs. The
41 agreement must provide for a per diem or partial per diem
42 reimbursement for each person placed under this section, which
43 is payable by the Department of Corrections for the duration of
44 the offender’s placement in the facility. The full per diem
45 reimbursement may not exceed the per diem published in the
46 Department of Corrections’ most recent annual report for total
47 department facilities. This section does not limit the court’s
48 ability to place a person in a local detention facility for less
49 than 1 year.
50 (2)(a) For offenses committed on or after July 1, 2018,
51 notwithstanding ss. 775.08 and 921.0024 or any other provision
52 of law, a court may sentence an offender to a term in the county
53 jail in the county where the offense was committed for up to 24
54 months if the offender meets all of the following criteria:
55 1. The offender’s total sentence points score, as provided
56 in s. 921.0024, is more than 44 points but no more than 60
57 points.
58 2. The offender’s primary offense is not a forcible felony
59 as defined in s. 776.08, except that an offender whose primary
60 offense is a felony of the third degree under chapter 810 is
61 eligible to be sentenced to a county jail under this subsection.
62 3. The offender’s primary offense is not punishable by a
63 minimum mandatory sentence of more than 24 months.
64 (b) As a condition of the sentence, the court shall order
65 that the offender:
66 1. Be placed under the jurisdiction of the Department of
67 Corrections; and
68 2. Serve the remainder of his or her sentence in a
69 Department of Corrections facility in the event a contract
70 between the chief correctional officer and the Department of
71 Corrections expires, terminates, or is not renewed during an
72 offender’s sentence term.
73 (c) An offender sentenced to county jail under this section
74 may not receive gain-time or other sentence credit in an amount
75 that would cause his or her sentence to expire, end, or
76 terminate, or that would result in his or her release, before
77 serving a minimum of 85 percent of the sentence imposed.
78 (d)1. A court may only sentence an offender to a county
79 jail pursuant to this section if there is a contractual
80 agreement between the chief correctional officer of that county
81 and the Department of Corrections.
82 2. If the chief correctional officer of a county requests
83 the Department of Corrections to enter into a contract that
84 allows offenders to be sentenced to the county jail pursuant to
85 paragraph (a), subject to the restrictions imposed in this
86 paragraph and paragraphs (e) and (h), the Department of
87 Corrections must enter into such a contract. The contract must
88 specifically establish the maximum number of beds and the
89 validated per diem rate. The contract must provide for per diem
90 reimbursement for occupied inmate days based on the contracting
91 county’s most recent annual adult male custody or adult female
92 custody per diem rates, not to exceed $60 per inmate.
93 (e) A contract under this section is contingent upon a
94 specific appropriation in the General Appropriations Act.
95 Contracts must be awarded by the Department of Corrections on a
96 first-come, first-served basis up to the maximum appropriation
97 allowable in the General Appropriations Act for this purpose.
98 The maximum appropriation allowable consists of funds
99 appropriated in or transferred to the specific appropriation in
100 the Inmates Sentenced to County Jail appropriation category.
101 Before any transferred appropriation under this section, the
102 Inmates Sentenced to County Jail appropriation category provides
103 for estimated incremental appropriation for county jail beds
104 contracted under this section in excess of the Department of
105 Corrections’ per diem for adult male and female inmates.
106 (f) The Department of Corrections shall transfer funds
107 pursuant to s. 216.177 from other appropriation categories
108 within the Adult Male Custody Operations or the Adult and
109 Youthful Offender Female Custody Operations budget entities to
110 the Inmates Sentenced to County Jail appropriation category in
111 an amount necessary to satisfy the requirements of each executed
112 contract, but not to exceed the Department of Corrections’
113 average total per diem published for the preceding fiscal year
114 for adult male custody or adult and youthful offender female
115 custody inmates for each county jail bed contracted.
116 (g) The Department of Corrections shall assume maximum
117 annual value of each contract when determining the full use of
118 funds appropriated to ensure that the maximum appropriation
119 allowable is not exceeded.
120 (h) All contractual per diem rates under this section and
121 all per diem rates used by the Department of Corrections must be
122 validated by the Auditor General before payments are made.
123 Section 2. This act shall take effect July 1, 2018.