House Bill 1025c1

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    Florida House of Representatives - 2000             CS/HB 1025

        By the Committee on Corrections and Representative Morroni






  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         948.09, F.S.; providing for a portion of the

  4         amount paid by a released felony offender to

  5         cover the costs of his or her supervision to be

  6         deposited into the County Reimbursement for

  7         Supervision Violations Trust Fund; creating the

  8         trust fund; providing for administration by the

  9         Department of Revenue; requiring the Department

10         of Corrections to work with the Department of

11         Revenue and the Comptroller to develop an

12         affidavit for counties to use when applying for

13         reimbursement; providing for counties to be

14         reimbursed on a yearly basis from moneys in the

15         trust fund for the costs of incarcerating

16         offenders who are in violation of the terms and

17         conditions of release or supervision; directing

18         the Department of Revenue to establish a

19         reimbursement payment scale; establishing

20         procedures to administer the trust fund in the

21         event that there are insufficient funds

22         available; providing for rules; providing for

23         future review and termination or re-creation of

24         the trust fund; providing an effective date.

25

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

27

28         Section 1.  Subsection (1) of section 948.09, Florida

29  Statutes, is amended to read:

30         948.09  Payment for cost of supervision and

31  rehabilitation.--

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    Florida House of Representatives - 2000             CS/HB 1025

    180-432-00






  1         (1)(a)1.  Any person ordered by the court, the

  2  Department of Corrections, or the parole commission to be

  3  placed on probation, drug offender probation, community

  4  control, parole, control release, provisional release

  5  supervision, or conditional release supervision under chapter

  6  944, chapter 945, chapter 947, chapter 948, or chapter 958, or

  7  in a pretrial intervention program, must, as a condition of

  8  any placement, pay the department a total sum of money equal

  9  to the total month or portion of a month of supervision times

10  the court-ordered amount, but not to exceed the actual per

11  diem cost of the supervision. The department shall adopt rules

12  by which an offender who pays in full and in advance of

13  regular termination of supervision may receive a reduction in

14  the amount due. The rules shall incorporate provisions by

15  which the offender's ability to pay is linked to an

16  established written payment plan. Funds collected from felony

17  offenders may be used to offset costs of the Department of

18  Corrections associated with community supervision programs,

19  subject to appropriation by the Legislature.

20         2.a.  The department shall deduct $5 from the amount

21  collected from each felony offender under this paragraph each

22  month.  Within 1 banking day of having received an offender's

23  cost of supervision payment, the department shall transfer the

24  specified $5 charge into the County Reimbursement for

25  Supervision Violations Trust Fund, which is hereby established

26  within the Department of Revenue.  The trust fund shall be

27  used to reimburse a county for the cost of incarcerating a

28  felony offender who violates the terms and conditions of his

29  or her release or supervision.  The reimbursement shall be for

30  the entire period of a violator's incarceration in a county

31  jail for both pre-disposition and post-disposition

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    Florida House of Representatives - 2000             CS/HB 1025

    180-432-00






  1  incarceration stay.  The Department of Revenue shall invest

  2  such trust funds, and they shall be subject to the 7 percent

  3  service charge authorized by s. 215.20.  Funds are hereby

  4  appropriated to make such transfers to the Department of

  5  Revenue.  This $5-per-month deduction is not to be an

  6  additional charge to the offender, and the $5 paid shall be

  7  considered as part of the total amount the offender is

  8  required to pay.

  9         b.  The Department of Corrections, in conjunction with

10  the Department of Revenue and the Comptroller, shall develop a

11  uniform affidavit and required attachments, which will provide

12  the documentation necessary for a county to apply for

13  reimbursement from the trust fund. The affidavit, its required

14  attachments, and rulemaking necessary to implement this

15  subparagraph shall be completed no later than September 1,

16  2000.   Counties shall submit these affidavits monthly to the

17  Department of Corrections for review, and the Department of

18  Corrections shall compile this information monthly and forward

19  it to the Department of Revenue.

20         c.  The Department of Revenue shall distribute the

21  reimbursement moneys contained within the County Reimbursement

22  for Supervision Violations Trust Fund to the counties on

23  October 1 of each year.  The Department of Revenue shall adopt

24  rules no later than September 1, 2000, that establish a

25  reimbursement payment scale which will allow for

26  reimbursements of no more than $15 per day per offender per

27  county.  In the event that there are not sufficient funds in

28  the County Reimbursement for Supervision Violations Trust Fund

29  to cover each of the reimbursement requests in full, the

30  Department of Revenue shall distribute the funds on a pro rata

31  basis which will pay all counties the same per diem for each

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    Florida House of Representatives - 2000             CS/HB 1025

    180-432-00






  1  day for each felony offender housed who has violated his or

  2  her release or supervision.

  3         d.  Pursuant to the provisions of s. 19(f)(2), Art. III

  4  of the State Constitution, the trust fund shall, unless

  5  terminated sooner, be terminated on July 1, 2004. Prior to its

  6  scheduled termination, the trust fund shall be reviewed as

  7  provided in s. 215.3206(1) and (2).

  8          3.2.  In addition to any other contribution or

  9  surcharge imposed by this section, each felony offender

10  assessed under this paragraph shall pay a $2-per-month

11  surcharge to the department. The surcharge shall be deemed to

12  be paid only after the full amount of any monthly payment

13  required by the established written payment plan has been

14  collected by the department. These funds shall be used by the

15  department to pay for correctional probation officers'

16  training and equipment, including radios, and firearms

17  training, firearms, and attendant equipment necessary to train

18  and equip officers who choose to carry a concealed firearm

19  while on duty. Nothing in this subparagraph shall be construed

20  to limit the department's authority to determine who shall be

21  authorized to carry a concealed firearm while on duty, or to

22  limit the right of a correctional probation officer to carry a

23  personal firearm approved by the department.

24         (b)  Any person placed on misdemeanor probation by a

25  county court must contribute not less than $40 per month, as

26  decided by the sentencing court, to the court-approved public

27  or private entity providing misdemeanor supervision.

28         Section 2.  This act shall take effect July 1, 2000.

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