Senate Bill 2522

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 2522

    By the Committee on Ways and Means





    301-1831-98                                             See HB

  1                      A bill to be entitled

  2         An act relating to trust funds; modifying

  3         provisions relating to specified trust funds

  4         and fund accounts within the Department of

  5         Corrections; amending s. 945.215, F.S.;

  6         providing sources of funds and purposes of the

  7         Inmate Welfare Trust Fund, the Privately Owned

  8         Institutions Inmate Welfare Trust Fund, and the

  9         Employee Benefit Trust Fund within the

10         department; providing for annual appropriation

11         of funds deposited in the Inmate Welfare Trust

12         Fund; requiring certain annual reports;

13         amending s. 945.31, F.S.; providing for deposit

14         of the department's administrative processing

15         fee in the department's Operating Trust Fund;

16         amending s. 945.76, F.S.; revising provisions

17         relating to fees for certification and

18         monitoring of batterers' intervention programs;

19         providing for deposit of such fees in the

20         department's Operating Trust Fund; amending s.

21         944.10, F.S.; providing for deposit of

22         contractual service and inmate labor fees in

23         the Correctional Work Program Trust Fund;

24         amending s. 948.09, F.S.; providing for deposit

25         of the electronic monitoring surcharge in the

26         department's Operating Trust Fund; amending s.

27         951.23, F.S.; providing for deposit of fees

28         collected pursuant to local detention facility

29         inspection agreements in the department's

30         Operating Trust Fund; providing an effective

31         date.

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 945.215, Florida Statutes, is

  4  amended to read:

  5         945.215  Inmate welfare and employee benefit trust

  6  funds.--

  7         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

  8  CORRECTIONS.--

  9         (a)  The Inmate Welfare Trust Fund constitutes a trust

10  held by the department for the benefit and welfare of inmates

11  incarcerated in correctional facilities operated directly by

12  or under contract with the department. Funds shall be credited

13  to the trust fund as follows:

14         1.  All funds moneys held in any auxiliary, canteen,

15  welfare, or similar fund in any correctional facility operated

16  directly by or under contract with the department state

17  institution under the jurisdiction of the Department of

18  Corrections shall be deposited in the Inmate Welfare Trust

19  Fund of the department, which fund is created in the State

20  Treasury, to be appropriated annually by the Legislature and

21  deposited in the Department of Corrections Grants and

22  Donations Trust Fund.

23         2.  All net proceeds from operating inmate canteens,

24  vending machines used primarily by inmates, hobby shops, and

25  other such facilities; however, funds necessary to moneys

26  budgeted by the department for the purchase of items for

27  resale at inmate canteens and or vending machines must be

28  deposited into local bank accounts designated by the

29  department. The department shall submit to the President of

30  the Senate and the Speaker of the House of Representatives by

31  January 1 of each year a report that documents the receipts

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1  and expenditures, including a verification of telephone

  2  commissions, from the Inmate Welfare Trust Fund for the

  3  previous fiscal year. The report must present this information

  4  by program, by institution, and by type of receipt.

  5         3.  All proceeds form contracted telephone commissions.

  6  The department shall develop and update, as necessary,

  7  administrative procedures to verify that:

  8         a.  Contracted telephone companies accurately record

  9  and report all telephone calls made by inmates incarcerated in

10  correctional facilities under the department's jurisdiction;

11         b.  Persons who accept collect calls from inmates are

12  charged the contracted rate; and

13         c.  The department receives the contracted telephone

14  commissions.

15         4.  Any funds that may be assigned by inmates or

16  donated to the department by the general public or an inmate

17  service organization; however, the department shall not accept

18  any donation from, or on behalf of, any individual inmate.

19         5.  Repayment of the one-time sum of $500,000

20  appropriated in fiscal year 1996-1997 from the Inmate Welfare

21  Trust Fund for correctional work programs pursuant to s.

22  946.008.

23         6.  All proceeds from:

24         a.  The confiscation and liquidation of any contraband

25  found upon, or in the possession of, any inmate:

26         b.  Disciplinary fines imposed against inmates;

27         c.  Forfeitures of inmate earnings; and

28         d.  Unexpended balances in individual inmate trust fund

29  accounts of less than $1.

30         7.  All interest earnings and other proceeds derived

31  from investments of funds deposited in the trust fund. In the

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1  manner authorized by law for fiduciaries, the secretary of the

  2  department, or the secretary's designee, may invest any funds

  3  in the trust fund when it is determined that such funds are

  4  not needed for immediate use.

  5         (b)  Funds Beginning with the legislative appropriation

  6  for fiscal year 1995-1996 and thereafter, the money in the

  7  Inmate Welfare Trust Fund must be used exclusively for the

  8  following purposes at correctional facilities operated

  9  directly by or under contract with the department:

10         1.  To operate inmate canteens and vending machines,

11  including purchasing purchase items for resale at the inmate

12  canteens and or vending machines, maintained at the

13  correctional facilities;

14         2.  employing To employ personnel and inmates to

15  manage, supervise, and operate inmate the canteens and vending

16  machines, at the correctional facilities;

17         3.  and covering other For operating and fixed capital

18  outlay expenses associated with operating the operation of

19  inmate canteens and vending machines;

20         2.4.  To employ personnel to manage and supervise the

21  proceeds from telephone commissions;

22         3.  To develop, implement, and maintain the medical

23  copayment accounting system;

24         4.5.  To employ personnel for correctional education To

25  provide literacy programs, vocational training programs, and

26  educational academic programs that comply with standards of

27  the Department of Education, including employing personnel and

28  covering other;

29         6.  For operating and fixed capital outlay expenses

30  associated with providing such programs the delivery to

31  inmates of literacy programs, vocational training, and

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1  academic programs that comply with standards of the Department

  2  of Education;

  3         5.7.  To operate inmate chapels, chaplaincy programs,

  4  visiting pavilions, libraries, and law libraries, including

  5  employing personnel and covering other For operating and fixed

  6  capital outlay expenses associated with operating the

  7  operation of inmate chapels, chaplaincy programs, visiting

  8  pavilions, libraries, and law libraries visiting pavilions;

  9         8.  To employ personnel to operate the libraries,

10  chapels, and visiting pavilions;

11         6.9.  To provide for expenses associated with various

12  inmate clubs;

13         7.10.  To provide for expenses associated with legal

14  services for inmates;

15         8.11.  To employ personnel To provide inmate substance

16  abuse treatment programs and transition and life skills

17  training programs, including employing personnel; and

18         12.  covering other For operating and fixed capital

19  outlay expenses associated with providing such programs the

20  delivery of inmate substance abuse treatment and transition

21  and life skills training programs.

22         (c)  The Legislature shall annually appropriate the

23  funds deposited in the Inmate Welfare Trust Fund. It is the

24  intent of the Legislature that total annual expenditures for

25  providing literacy programs, vocational training programs, and

26  educational programs exceed the combined items listed in

27  subparagraphs 5. and 6. must exceed the total annual

28  expenditures for operating inmate chapels, chaplaincy

29  programs, visiting pavilions, libraries, and law libraries,

30  covering expenses associated with inmate clubs, and providing

31  inmate substance abuse treatment programs and transition and

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1  life skills training programs items listed in subparagraphs 7.

  2  through 12.

  3         (d)  Funds in the Inmate Welfare Trust Fund or any

  4  other fund may not be used to purchase cable television

  5  service, to rent or purchase videocassettes, videocassette

  6  recorders, or other audiovisual or electronic equipment used

  7  primarily for recreation purposes. This paragraph does not

  8  preclude the purchase or rental of electronic or audiovisual

  9  equipment for inmate training or educational programs. The

10  department shall develop administrative procedures to verify

11  that contracted telephone commissions are being received, that

12  persons who have accepted collect calls from inmates are being

13  charged the contracted rate, and that contracted telephone

14  companies are accurately and completely recording and

15  reporting all inmate telephone calls made.

16         (c)  There shall be deposited in the Inmate Welfare

17  Trust Fund all net proceeds from the operation of canteens,

18  vending machines, hobby shops, and other such facilities and

19  any moneys that may be assigned by the inmates or donated to

20  the department by the general public or an inmate service

21  organization for deposit in the fund. However, the department

22  shall refuse to accept any donations from or on behalf of any

23  individual inmate. The moneys of the fund shall constitute a

24  trust held by the department for the benefit and welfare of

25  the inmates of the institutions under the jurisdiction of the

26  department.

27         (d)  There shall be deposited in the Inmate Welfare

28  Trust Fund such moneys as constitute repayment of the one-time

29  sum appropriated pursuant to s. 946.008.

30         (e)  Any contraband found upon, or in the possession

31  of, any inmate in any institution under the jurisdiction of

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1  the department shall be confiscated and liquidated, and the

  2  proceeds thereof shall be deposited in the Inmate Welfare

  3  Trust Fund of the department.

  4         (f)  The secretary of the department or the secretary's

  5  designee may invest in the manner authorized by law for

  6  fiduciaries any money in the Inmate Welfare Trust Fund of the

  7  department that in his or her opinion is not necessary for

  8  immediate use, and the interest earned and other increments

  9  derived from such investments made pursuant to this section

10  shall be deposited in the Inmate Welfare Trust Fund of the

11  department.

12         (e)(g)  Items for resale at the inmate canteens and or

13  vending machines maintained at the correctional facilities

14  shall be priced comparatively with like items for retail sale

15  at fair market prices.

16         (f)(h)  Notwithstanding any other provision of law,

17  inmates with sufficient balances in their individual inmate

18  bank trust fund accounts, after all debts against the account

19  are satisfied, shall be allowed to request a weekly draw of up

20  to $45 to be expended for personal use on canteen and vending

21  machine items.

22         (g)  The department shall annually compile a report

23  that specifically documents Inmate Welfare Trust Fund receipts

24  and expenditures. This report shall be compiled at both the

25  statewide and institutional levels. The department must submit

26  this report for the previous fiscal year by September 1 of

27  each year to the chairs of the appropriate substantive and

28  fiscal committees of the Senate and the House of

29  Representatives and to the Executive Office of the Governor.

30         (2)  PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE

31  TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.--

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1         (a)  For purposes of this subsection, privately

  2  operated correctional facilities are those correctional

  3  facilities under contract with the Correctional Privatization

  4  Commission pursuant to chapter 957.

  5         (b)1.  The net proceeds derived from inmate canteens,

  6  vending machines used primarily by inmates, telephone

  7  commissions, and similar sources at private correctional

  8  facilities shall be deposited in the Privately Operated

  9  Institutions Inmate Welfare Trust Fund.

10         2.  The Privately Operated Institutions Inmate Welfare

11  Trust Fund shall be used for programs and services that

12  directly benefit inmates. Such funds must be used exclusively

13  for:

14         a.  Operating inmate canteens and vending machines,

15  including purchasing items for resale at inmate canteens and

16  vending machines, employing personnel and inmates to manage,

17  supervise, and operate inmate canteens and vending machines,

18  and covering other operating and fixed capital outlay expenses

19  associated with operating inmate canteens and vending

20  machines;

21         b.  Employing personnel to manage and supervise the

22  proceeds from telephone commissions;

23         c.  Providing literacy programs, vocational training

24  programs, and educational programs that comply with standards

25  of the Department of Education, including employing personnel

26  and covering other operating and fixed capital outlay expenses

27  associated with providing such programs;

28         d.  Operating inmate chapels, chaplaincy programs,

29  visiting pavilions, libraries, and law libraries, including

30  employing personnel and covering other operating and fixed

31  capital outlay expenses associated with operating inmate

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1  chapels, chaplaincy programs, visiting pavilions, libraries,

  2  and law libraries;

  3         e.  Providing for expenses associated with various

  4  inmate clubs;

  5         f.  Providing for expenses associated with legal

  6  services for inmates;

  7         g.  Employing personnel to provide inmate substance

  8  abuse treatment programs and transition and life skills

  9  training programs, including employing personnel and covering

10  other operating and fixed capital outlay expenses associated

11  with providing such programs.

12         (c)  It is the intent of the Legislature that total

13  annual expenditures for providing literacy programs,

14  vocational training programs, and educational programs exceed

15  the combined total annual expenditures for operating inmate

16  chapels, chaplaincy programs, visiting pavilions, libraries,

17  and law libraries, covering expenses associated with inmate

18  clubs, and providing inmate substance abuse treatment programs

19  and transition and life skills training programs.

20         (d)  The Correctional Privatization Commission shall

21  annually compile a report that documents Privately Operated

22  Institutions Inmate Welfare Trust Fund receipts and

23  expenditures at each private correctional facility. This

24  report must specifically identify receipt sources and

25  expenditures. The Correctional Privatization Commission shall

26  compile this report for the prior fiscal year and shall submit

27  the report by September 1 of each year to the chairs of the

28  appropriate substantive and fiscal committees of the Senate

29  and House of Representatives and to the Executive Office of

30  the Governor.

31

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1         (3)  EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF

  2  CORRECTIONS.--

  3         (a)  The department may establish an Employee Benefit

  4  Trust Fund. Trust fund sources may be derived from any of the

  5  following:

  6         1.(a)  Proceeds of vending machines or other such

  7  services not intended for use by inmates.

  8         2.(b)  Donations, except donations by, or on behalf of,

  9  an individual inmate.

10         3.(c)  Additional trust funds and grants which may

11  become available.

12         (b)  Funds from the Employee Benefit Trust Fund Such

13  fund shall be maintained and audited separately and apart from

14  the Inmate Welfare Trust Fund.  Portions of the fund may be

15  used to construct, operate, and maintain training and

16  recreation facilities at correctional facilities for the

17  exclusive use of department employees respective institutions.

18  Such facilities are shall be the property of the department

19  and must shall provide the maximum benefit to all interested

20  employees, regardless of gender of both sexes, including

21  teachers, clerical staff, medical and psychological services

22  personnel, and officers and administrators.

23         Section 2.  Section 945.31, Florida Statutes, is

24  amended to read:

25         945.31  Restitution and other payments.--The department

26  may establish bank accounts outside the State Treasury for the

27  purpose of collecting and disbursing restitution and other

28  court-ordered payments from persons in its custody or under

29  its supervision, and may collect an administrative processing

30  fee in an amount equal to 4 percent of the gross amounts of

31  such payments. Such administrative processing fee shall be

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1  deposited in the department's Operating Grants and Donations

  2  Trust Fund and shall be used to offset the cost of the

  3  department's services.

  4         Section 3.  Section 945.76, Florida Statutes, is

  5  amended to read:

  6         945.76  Certification and monitoring of batterers'

  7  intervention programs; fees.--

  8         (1)  Pursuant to s. 741.32, the Department of

  9  Corrections is authorized to assess and collect:

10         (a)  Annual certification fees not to exceed $300 for

11  the certification and monitoring of batterers' intervention

12  programs certified by the Department of Corrections' Office of

13  Certification and Monitoring of Batterers' Intervention

14  Programs and.

15         (b)  A $200 fee for the certification and monitoring of

16  assessment personnel providing direct services to persons who:

17         1.(a)  Are ordered by the court to participate in a

18  domestic violence prevention program;

19         2.(b)  Are adjudged to have committed an act of

20  domestic violence as defined in s. 741.28;

21         3.(c)  Have an injunction entered for protection

22  against domestic violence; or

23         4.(d)  Agree to attend a program as part of a diversion

24  or pretrial intervention agreement by the offender with the

25  state attorney.

26         (2)  All persons required by the court to attend

27  domestic violence programs certified by the Department of

28  Corrections' Office of Certification and Monitoring of

29  Batterers' Intervention Programs shall pay an additional $30

30  fee for each 29-week program to the Department of Corrections.

31

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1         (3)  The fees assessed and collected under this section

  2  fee shall be deposited in the department's Operating Grants

  3  and Donations Trust Fund to be used by the department to fund

  4  the cost of certifying and monitoring batterers' intervention

  5  programs.

  6         Section 4.  Subsection (7) of section 944.10, Florida

  7  Statutes, is amended to read:

  8         944.10  Department of Corrections to provide buildings;

  9  sale and purchase of land; contracts to provide services and

10  inmate labor.--

11         (7)  The department may enter into contracts with

12  federal, state, or local governmental entities or subdivisions

13  to provide services and inmate labor for the construction of

14  buildings, parks, roads, any detention or commitment

15  facilities, or any other project deemed to be appropriate by

16  the Department of Corrections, which may include, but is not

17  limited to, the planning, design, site acquisition or

18  preparation, management, or construction of such projects. The

19  department may charge fees for providing such services. All

20  fees collected must be placed in the Correctional Work Program

21  Grants and Donations Trust Fund.

22         Section 5.  Subsection (2) of section 948.09, Florida

23  Statutes, is amended to read:

24         948.09  Payment for cost of supervision and

25  rehabilitation.--

26         (2)  Any person being electronically monitored by the

27  department as a result of placement on community control shall

28  be required to pay a $1-per-day surcharge in addition to the

29  cost of supervision fee as directed by the sentencing court.

30  The surcharge shall be deposited in the Operating Grants and

31

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1  Donations Trust Fund to be used by the department for

  2  purchasing and maintaining electronic monitoring devices.

  3         Section 6.  Subsection (10) of section 951.23, Florida

  4  Statutes, is amended to read:

  5         951.23  County and municipal detention facilities;

  6  definitions; administration; standards and requirements.--

  7         (10)  Nothing in this section prohibits the governing

  8  board of a county or municipality to enter into an agreement

  9  with the Department of Corrections authorizing the department

10  to inspect the local detention facilities under the

11  jurisdiction of the governing body. A governing board of a

12  county or municipality may enter into such agreements with the

13  department upon consultation with the sheriff if the sheriff

14  operates the detention facility. The inspections performed by

15  the department shall be consultatory in nature and for the

16  purpose of advising the local governing bodies concerning

17  compliance with the standards adopted by the detention

18  facility's chief correctional officer. Such agreements must

19  include, but are not limited to, provisions for the physical

20  and operational standards that were adopted by the chief

21  correctional officer of the detention facility, the manner and

22  frequency of inspections to be conducted by the department,

23  whether such inspections are to be announced or unannounced by

24  the department, the type of access the department may have to

25  the detention facility, and the amount of payment by the local

26  governing body, if any, for the services rendered by the

27  department. Inspections and access to local detention

28  facilities shall not interfere with custody of inmates or the

29  security of the facilities as determined by the chief

30  correctional officer of each facility. Any fees collected by

31  the department pursuant to such agreements must be deposited

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    Florida Senate - 1998                                  SB 2522
    301-1831-98                                             See HB




  1  into the Operating Grants and Donations Trust Fund and shall

  2  be used to pay the cost of the services provided by the

  3  department to monitor local detention facilities pursuant to

  4  such agreements. This subsection shall be repealed effective

  5  October 1, 1999.

  6         Section 7.  This act shall take effect July 1, 1998.

  7

  8            *****************************************

  9                       LEGISLATIVE SUMMARY

10
      Modifies provisions of law relating to specified trust
11    funds and fund accounts within the Department of
      Corrections. Provides sources of funds and purposes of
12    the Inmate Welfare Trust Fund, the Privately Owned
      Institutions Inmate Welfare Trust Fund, and the Employee
13    Benefit Trust Fund within the department, provides for
      annual appropriation of funds deposited in the Inmate
14    Welfare Trust Fund, and requires certain annual reports.
      Provides for deposit of the department's administrative
15    processing fee in the department's Operating Trust Fund.
      Revises provisions relating to fees for certification and
16    monitoring of batterers' intervention programs and
      provides for deposit of such fees in the department's
17    Operating Trust Fund. Provides for deposit of contractual
      service and inmate labor fees in the Correctional Work
18    Program Trust Fund. Provides for deposit of the
      electronic monitoring surcharge in the department's
19    Operating Trust Fund. Provides for deposit of fees
      collected pursuant to local detention facility inspection
20    agreements in the department's Operating Trust Fund. See
      bill for details.
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