SB 7018                                          First Engrossed
       
       
       
       
       
       
       
       
       20237018e1
       
    1                        A bill to be entitled                      
    2         An act relating to the inmate welfare trust fund;
    3         amending s. 945.215, F.S.; adding additional funding
    4         sources from which all proceeds must be deposited into
    5         the State-Operated Institutions Inmate Welfare Trust
    6         Fund or the General Revenue Fund; deleting a
    7         limitation on the maximum amount that inmates are
    8         allowed to request in a weekly withdrawal from their
    9         individual inmate bank trust fund accounts; increasing
   10         the maximum amount of funds which the State-Operated
   11         Institutions Inmate Welfare Trust Fund may not exceed
   12         in any fiscal year; adding to the purposes for which
   13         the trust fund must be used at correctional facilities
   14         to include fixed capital outlays for educational
   15         facilities and environmental health upgrades to
   16         facilities; amending s. 945.6037, F.S.; requiring that
   17         the proceeds from nonemergency health care visit
   18         copayments be deposited into the State-Operated
   19         Institutions Inmate Welfare Trust Fund or into the
   20         General Revenue Fund; reenacting ss. 944.516(5),
   21         944.73(2), and 946.002(4)(b), F.S., relating to the
   22         disposition of unexpended trust funds, the State
   23         Operated Institutions Inmate Welfare Trust Fund, and
   24         forfeiture of a prisoner’s earned funds, respectively,
   25         to incorporate the amendment made to s. 945.215, F.S.,
   26         in references thereto; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (1) and paragraphs (b) and (c) of
   31  subsection (2) of section 945.215, Florida Statutes, are amended
   32  to read:
   33         945.215 Inmate welfare and employee benefit trust funds.—
   34         (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS.—
   35         (a) The net proceeds from operating inmate canteens,
   36  vending machines used primarily by inmates and visitors, hobby
   37  shops, and other such facilities must be deposited into the
   38  State-Operated Institutions Inmate Welfare Trust Fund or, as
   39  provided in paragraph (2)(b), into the General Revenue Fund;
   40  however, funds necessary to purchase items for resale at inmate
   41  canteens and vending machines must be deposited into local bank
   42  accounts designated by the department.
   43         (b) All proceeds from contracted telephone commissions must
   44  be deposited into the State-Operated Institutions Inmate Welfare
   45  Trust Fund or, as provided in paragraph (2)(b), into the General
   46  Revenue Fund. The department shall develop and update, as
   47  necessary, administrative procedures to verify that:
   48         1. Contracted telephone companies accurately record and
   49  report all telephone calls made by inmates incarcerated in
   50  correctional facilities under the department’s jurisdiction;
   51         2. Persons who accept collect calls from inmates are
   52  charged the contracted rate; and
   53         3. The department receives the contracted telephone
   54  commissions.
   55         (c) Any funds that may be assigned by inmates or donated to
   56  the department by the general public or an inmate service
   57  organization must be deposited into the State-Operated
   58  Institutions Inmate Welfare Trust Fund or, as provided in
   59  paragraph (2)(b), into the General Revenue Fund; however, the
   60  department may shall not accept any donation from, or on behalf
   61  of, any individual inmate.
   62         (d) All proceeds from the following sources must be
   63  deposited into the State-Operated Institutions Inmate Welfare
   64  Trust Fund or, as provided in paragraph (2)(b), into the General
   65  Revenue Fund:
   66         1. The confiscation and liquidation of any contraband found
   67  upon, or in the possession of, any inmate;
   68         2. Disciplinary fines imposed against inmates;
   69         3. Forfeitures of inmate earnings; and
   70         4. Unexpended balances in individual inmate trust fund
   71  accounts of less than $1;
   72         5.Copayments made by inmates for nonemergency visits to a
   73  health care provider pursuant to s. 945.6037;
   74         6.Any proceeds obtained through the collection of damages
   75  pursuant to s. 960.293(2); and
   76         7.Cost of incarceration liens pursuant to s. 960.292(2).
   77         (e) Items for resale at inmate canteens and vending
   78  machines maintained at the correctional facilities shall be
   79  priced comparatively with like items for retail sale at fair
   80  market prices.
   81         (f) Notwithstanding any other provision of law, inmates
   82  with sufficient balances in their individual inmate bank trust
   83  fund accounts, after all debts against the account are
   84  satisfied, shall be allowed to request a weekly draw of up to an
   85  amount set by the Secretary of Corrections, not to exceed $100,
   86  to be expended for personal use on canteen and vending machine
   87  items.
   88         (2) STATE-OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.—
   89         (b) Deposits into the trust fund may not exceed a total of
   90  $32 $2.5 million in any fiscal year. Any proceeds or funds that
   91  would cause deposits into the trust fund to exceed this limit
   92  must be deposited into the General Revenue Fund.
   93         (c) Funds in the trust fund shall be used exclusively to
   94  provide for or operate any of the following at correctional
   95  facilities operated by the department:
   96         1. Literacy programs, vocational training programs, and
   97  educational programs, including fixed capital outlay for
   98  educational facilities.
   99         2. Inmate chapels, faith-based programs, visiting
  100  pavilions, visiting services and programs, family services and
  101  programs, and libraries.
  102         3. Inmate substance abuse treatment programs and transition
  103  and life skills training programs.
  104         4. The purchase, rental, maintenance, or repair of
  105  electronic or audiovisual equipment, media, services, and
  106  programming used by inmates.
  107         5. The purchase, rental, maintenance, or repair of
  108  recreation and wellness equipment.
  109         6. The purchase, rental, maintenance, or repair of bicycles
  110  used by inmates traveling to and from employment in the work
  111  release program authorized under s. 945.091(1)(b).
  112         7. Environmental health upgrades to facilities, including
  113  fixed capital outlay for repairs and maintenance that would
  114  improve environmental conditions of the correctional facilities.
  115         Section 2. Subsection (1) of section 945.6037, Florida
  116  Statutes, is amended to read:
  117         945.6037 Nonemergency health care; inmate copayments.—
  118         (1)(a) For each nonemergency visit by an inmate to a health
  119  care provider which is initiated by the inmate, the inmate must
  120  make a copayment of $5. A copayment may not be charged for the
  121  required initial medical history and physical examination of the
  122  inmate.
  123         (b) The copayment for an inmate’s health care must be
  124  deducted from any existing balance in the inmate’s bank account.
  125  If the account balance is insufficient to cover the copayment,
  126  50 percent of each deposit to the account must be withheld until
  127  the total amount owed has been paid.
  128         (c) The proceeds of each copayment must be deposited into
  129  the State-Operated Institutions Inmate Welfare Trust Fund
  130  pursuant to s. 945.215(1)(d) or into in the General Revenue Fund
  131  as provided in s. 945.215(2)(b).
  132         (d) The department may waive all or part of the copayment
  133  for an inmate’s visit to a health care provider if the health
  134  care:
  135         1. Is provided in connection with an extraordinary event
  136  that could not reasonably be foreseen, such as a disturbance or
  137  a natural disaster;
  138         2. Is an institutionwide health care measure that is
  139  necessary to address the spread of specific infectious or
  140  contagious diseases;
  141         3. Is provided under a contractual obligation that is
  142  established under the Interstate Corrections Compact or under an
  143  agreement with another jurisdiction which precludes assessing
  144  such a copayment;
  145         4. Was initiated by the health care provider or consists of
  146  routine follow-up followup care;
  147         5. Is initiated by the inmate to voluntarily request an HIV
  148  test;
  149         6. Produces an outcome that requires medical action to
  150  protect staff or inmates from a communicable disease; or
  151         7. When the inmate is referred to mental health evaluation
  152  or treatment by a correctional officer, correctional probation
  153  officer, or other person supervising an inmate worker.
  154         Section 3. For the purpose of incorporating the amendment
  155  made by this act to section 945.215, Florida Statutes, in a
  156  reference thereto, subsection (5) of section 944.516, Florida
  157  Statutes, is reenacted to read:
  158         944.516 Money or other property received for personal use
  159  or benefit of inmate; deposit; disposition of unclaimed trust
  160  funds.—The Department of Corrections shall protect the financial
  161  interest of the state with respect to claims which the state may
  162  have against inmates in state institutions under its supervision
  163  and control and shall administer money and other property
  164  received for the personal benefit of such inmates. In carrying
  165  out the provisions of this section, the department may delegate
  166  any of its enumerated powers and duties affecting inmates of an
  167  institution to the warden or regional director who shall
  168  personally, or through designated employees of his or her
  169  personal staff under his or her direct supervision, exercise
  170  such powers or perform such duties.
  171         (5) When an inmate is transferred between department
  172  facilities, is released from the custody of the department,
  173  dies, or escapes during incarceration, and the inmate has an
  174  unexpended inmate trust fund account balance of less than $1,
  175  that balance shall be transferred to the State-Operated
  176  Institutions Inmate Welfare Trust Fund or, as provided in s.
  177  945.215(2)(b), into the General Revenue Fund.
  178         Section 4. For the purpose of incorporating the amendment
  179  made by this act to section 945.215, Florida Statutes, in a
  180  reference thereto, subsection (2) of section 944.73, Florida
  181  Statutes, is reenacted to read:
  182         944.73 State-Operated Institutions Inmate Welfare Trust
  183  Fund.—
  184         (2) Moneys shall be deposited and the expenditures made
  185  from the trust fund as provided in s. 945.215.
  186         Section 5. For the purpose of incorporating the amendment
  187  made by this act to section 945.215, Florida Statutes, in a
  188  reference thereto, paragraph (b) of subsection (4) of section
  189  946.002, Florida Statutes, is reenacted to read:
  190         946.002 Requirement of labor; compensation; amount;
  191  crediting of account of prisoner; forfeiture; civil rights;
  192  prisoner not employee or entitled to compensation insurance
  193  benefits.—
  194         (4)
  195         (b) When any prisoner escapes, the department shall
  196  determine what portion of the prisoner’s earnings shall be
  197  forfeited, and such forfeiture shall be deposited in the State
  198  Treasury in the State-Operated Institutions Inmate Welfare Trust
  199  Fund of the department or, as provided in s. 945.215(2)(b), into
  200  the General Revenue Fund.
  201         Section 6. This act shall take effect July 1, 2023.