The Florida Senate

945.215  Inmate welfare and employee benefit trust funds.--

(1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF CORRECTIONS.--

(a)  The Inmate Welfare Trust Fund constitutes a trust held by the department for the benefit and welfare of inmates incarcerated in correctional facilities operated directly by the department and for visitation and family programs and services in such correctional facilities. Funds shall be credited to the trust fund as follows:

1.  All funds held in any auxiliary, canteen, welfare, or similar fund in any correctional facility operated directly by the department.

2.  All net proceeds from operating inmate canteens, vending machines used primarily by inmates and visitors, hobby shops, and other such facilities; however, funds necessary to purchase items for resale at inmate canteens and vending machines must be deposited into local bank accounts designated by the department.

3.  All proceeds from contracted telephone commissions. The department shall develop and update, as necessary, administrative procedures to verify that:

a.  Contracted telephone companies accurately record and report all telephone calls made by inmates incarcerated in correctional facilities under the department's jurisdiction;

b.  Persons who accept collect calls from inmates are charged the contracted rate; and

c.  The department receives the contracted telephone commissions.

4.  Any funds that may be assigned by inmates or donated to the department by the general public or an inmate service organization; however, the department shall not accept any donation from, or on behalf of, any individual inmate.

5.  All proceeds from:

a.  The confiscation and liquidation of any contraband found upon, or in the possession of, any inmate;

b.  Disciplinary fines imposed against inmates;

c.  Forfeitures of inmate earnings; and

d.  Unexpended balances in individual inmate trust fund accounts of less than $1.

6.  All interest earnings and other proceeds derived from investments of funds deposited in the trust fund. In the manner authorized by law for fiduciaries, the secretary of the department, or the secretary's designee, may invest any funds in the trust fund when it is determined that such funds are not needed for immediate use.

(b)  Funds in the Inmate Welfare Trust Fund must be used exclusively for the following purposes at correctional facilities operated directly by the department:

1.  To operate inmate canteens and vending machines, including purchasing items for resale at inmate canteens and vending machines; employing personnel and inmates to manage, supervise, and operate inmate canteens and vending machines; and covering other operating and fixed capital outlay expenses associated with operating inmate canteens and vending machines;

2.  To employ personnel to manage and supervise the proceeds from telephone commissions;

3.  To develop, implement, and maintain the medical copayment accounting system;

4.  To provide literacy programs, vocational training programs, and educational programs that comply with standards of the Department of Education, including employing personnel and covering other operating and fixed capital outlay expenses associated with providing such programs;

5.  To operate inmate chapels, faith-based programs, visiting pavilions, visiting services and programs, family services and programs, libraries, and law libraries, including employing personnel and covering other operating and fixed capital outlay expenses associated with operating inmate chapels, faith-based programs, visiting pavilions, visiting services and programs, family services and programs, libraries, and law libraries;

6.  To provide for expenses associated with various inmate clubs;

7.  To provide for expenses associated with legal services for inmates;

8.  To provide inmate substance abuse treatment programs and transition and life skills training programs, including employing personnel and covering other operating and fixed capital outlay expenses associated with providing such programs;

9.  To provide for the purchase, rental, maintenance, and repair of electronic or audiovisual equipment, unless otherwise prohibited by this chapter; and

10.  To provide for the purchase, rental, maintenance, and repair of wellness equipment, unless otherwise prohibited by this chapter.

(c)  The Legislature shall annually appropriate the funds deposited in the Inmate Welfare Trust Fund. It is the intent of the Legislature that total annual expenditures for providing literacy programs, vocational training programs, and educational programs exceed the combined total annual expenditures for operating inmate chapels, faith-based programs, visiting pavilions, visiting services and programs, family services and programs, libraries, and law libraries, covering expenses associated with inmate clubs, and providing inmate substance abuse treatment programs and transition and life skills training programs.

(d)  Funds in the Inmate Welfare Trust Fund or any other fund may not be used to purchase weight-training equipment, to purchase cable-television service for recreation purposes, or to rent or purchase videocassettes, videocassette recorders, or other audiovisual or electronic media or equipment used primarily for recreation purposes. This paragraph does not preclude the purchase or rental of electronic or audiovisual equipment or services for inmate training or educational programs.

(e)  Items for resale at inmate canteens and vending machines maintained at the correctional facilities shall be priced comparatively with like items for retail sale at fair market prices.

(f)  Notwithstanding any other provision of law, inmates with sufficient balances in their individual inmate bank trust fund accounts, after all debts against the account are satisfied, shall be allowed to request a weekly draw of up to an amount set by the Secretary of Corrections, not to exceed $100, to be expended for personal use on canteen and vending machine items.

(g)  The department shall annually compile a report that specifically documents Inmate Welfare Trust Fund receipts and expenditures. This report shall be compiled at both the statewide and institutional levels. The department must submit this report for the previous fiscal year by September 1 of each year to the chairs of the appropriate substantive and fiscal committees of the Senate and the House of Representatives and to the Executive Office of the Governor.

(2)  PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.--

(a)  For purposes of this subsection, privately operated institutions or private correctional facilities are those correctional facilities under contract with the department pursuant to chapter 944 or the Correctional Privatization Commission pursuant to chapter 957.

(b)1.  The net proceeds derived from inmate canteens, vending machines used primarily by inmates, telephone commissions, and similar sources at private correctional facilities shall be deposited in the Privately Operated Institutions Inmate Welfare Trust Fund.

2.  Funds in the Privately Operated Institutions Inmate Welfare Trust Fund shall be expended only pursuant to legislative appropriation.

(c)  The Correctional Privatization Commission shall annually compile a report that documents Privately Operated Institutions Inmate Welfare Trust Fund receipts and expenditures at each private correctional facility. This report must specifically identify receipt sources and expenditures. The Correctional Privatization Commission shall compile this report for the prior fiscal year and shall submit the report by September 1 of each year to the chairs of the appropriate substantive and fiscal committees of the Senate and House of Representatives and to the Executive Office of the Governor.

(3)  EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF CORRECTIONS.--

(a)  The department may establish an Employee Benefit Trust Fund. Trust fund sources may be derived from any of the following:

1.  Proceeds of vending machines or other such services not intended for use by inmates.

2.  Donations, except donations by, or on behalf of, an individual inmate.

3.  Additional trust funds and grants which may become available.

(b)  Funds from the Employee Benefit Trust Fund may be used to construct, operate, and maintain training and recreation facilities at correctional facilities for the exclusive use of department employees. Such facilities are the property of the department and must provide the maximum benefit to all interested employees, regardless of gender.

History.--s. 1, ch. 79-78; s. 10, ch. 85-288; s. 1, ch. 87-233; s. 5, ch. 94-273; s. 14, ch. 96-312; s. 1858, ch. 97-102; s. 3, ch. 98-388; s. 14, ch. 99-271; s. 4, ch. 2000-328; s. 1, ch. 2001-379; s. 1, ch. 2002-268.