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House Bill 3215

Florida House of Representatives - 1998 HB 3215 By Representative Culp 1 A bill to be entitled 2 An act relating to corrections; requiring a 3 state correctional institution, or the 4 Department of Corrections acting in its behalf, 5 to seek reimbursement for costs of 6 incarceration for a prisoner, including certain 7 medical and dental expenses, which have not 8 been reimbursed as otherwise provided by law; 9 specifying order of sources of reimbursement; 10 providing for deduction of the costs from the 11 prisoner's cash account, placement of a lien 12 against the account or the prisoner's other 13 personal property, or reimbursement from the 14 proceeds of the prisoner's insurance policy, 15 health care corporation proceeds, or other 16 source; providing that the lien may be carried 17 over to future incarceration under certain 18 circumstances; requiring the prisoner to 19 cooperate with such reimbursement efforts; 20 providing for sanctions in case of willful 21 refusal to cooperate, including placement of a 22 lien against the prisoner's cash account or 23 other personal property and ineligibility to 24 receive gain-time; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Financial responsibility for costs of 29 incarceration, including medical or dental expenses.-- 30 (1) A state correctional institution, or the 31 Department of Corrections acting in its behalf, which incurs 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3215 569-132-98 1 costs of incarceration for a prisoner which have not been 2 reimbursed as otherwise provided for by law, including costs 3 of providing medical or dental care, treatment, 4 hospitalization, or transportation, may seek reimbursement for 5 the costs of incarceration, including such expenses incurred, 6 in the following order: 7 (a) From the prisoner by deducting the cost from the 8 prisoner's cash account on deposit with the state correctional 9 institution. If the prisoner's cash account does not contain 10 sufficient funds to cover the costs of incarceration, 11 including such expenses, the state correctional institution or 12 the department may place a lien against the prisoner's cash 13 account or other personal property, to provide payment in the 14 event sufficient funds become available at a later time. Any 15 existing lien may be carried over to future incarceration of 16 the same prisoner, except as otherwise provided by law. 17 (b) From an insurance company, health care 18 corporation, or other source if the prisoner or person is 19 covered by an insurance policy or subscribes to a health care 20 corporation or other source for those expenses. 21 (2) A prisoner shall cooperate with the state 22 correctional institution and the department in seeking 23 reimbursement under paragraphs(1)(a) and (b) for expenses 24 incurred by the state correctional institution for the 25 prisoner. A prisoner who willfully refuses to cooperate with 26 the reimbursement efforts of the state correctional 27 institution may have a lien placed against the prisoner's cash 28 account or other personal property and may not receive 29 gain-time as provided by s. 944.275, Florida Statutes. 30 Section 2. This act shall take effect October 1 of the 31 year in which enacted. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3215 569-132-98 1 ***************************************** 2 HOUSE SUMMARY 3 Requires a state correctional institution, or the 4 Department of Corrections acting in its behalf, to seek reimbursement for costs of incarceration for a prisoner, 5 including certain medical and dental expenses, which have not been reimbursed as otherwise provided by law. 6 Provides for deduction of the costs from the prisoner's cash account, placement of a lien against the account or 7 the prisoner's other personal property, or reimbursement from the proceeds of the prisoner's insurance policy, 8 health care corporation proceeds, or other source. Provides that the lien may be carried over to future 9 incarceration under certain circumstances. Requires the prisoner to cooperate with such reimbursement efforts, 10 and provides for sanctions in case of willful refusal to cooperate. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3