House Bill 1451

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    Florida House of Representatives - 2000                HB 1451

        By the Committee on Corrections and Representative
    Trovillion





  1                      A bill to be entitled

  2         An act relating to the Inmate Welfare Trust

  3         Fund; amending s. 945.215, F.S.; revising and

  4         clarifying authorized uses of moneys in the

  5         fund; providing limitations; providing an

  6         effective date.

  7

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

  9

10         Section 1.  Paragraphs (a), (b), (c), and (d) of

11  subsection (1) of section 945.215, Florida Statutes, are

12  amended to read:

13         945.215  Inmate welfare and employee benefit trust

14  funds.--

15         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

16  CORRECTIONS.--

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

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

19  incarcerated in correctional facilities operated directly by

20  the department and for visitation and family programs and

21  services in such correctional facilities. Funds shall be

22  credited to the trust fund as follows:

23         1.  All funds held in any auxiliary, canteen, welfare,

24  or similar fund in any correctional facility operated directly

25  by the department.

26         2.  All net proceeds from operating inmate canteens,

27  vending machines used primarily by inmates and visitors, hobby

28  shops, and other such facilities; however, funds necessary to

29  purchase items for resale at inmate canteens and vending

30  machines must be deposited into local bank accounts designated

31  by the department.

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  1         3.  All proceeds from contracted telephone commissions.

  2  The department shall develop and update, as necessary,

  3  administrative procedures to verify that:

  4         a.  Contracted telephone companies accurately record

  5  and report all telephone calls made by inmates incarcerated in

  6  correctional facilities under the department's jurisdiction;

  7         b.  Persons who accept collect calls from inmates are

  8  charged the contracted rate; and

  9         c.  The department receives the contracted telephone

10  commissions.

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

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

13  service organization; however, the department shall not accept

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

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

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

17  Trust Fund for correctional work programs pursuant to s.

18  946.008.

19         5.6.  All proceeds from:

20         a.  The confiscation and liquidation of any contraband

21  found upon, or in the possession of, any inmate;

22         b.  Disciplinary fines imposed against inmates;

23         c.  Forfeitures of inmate earnings; and

24         d.  Unexpended balances in individual inmate trust fund

25  accounts of less than $1.

26         6.7.  All interest earnings and other proceeds derived

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

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

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

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

31  not needed for immediate use.

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  1         (b)  Funds in the Inmate Welfare Trust Fund must be

  2  used exclusively for the following purposes at correctional

  3  facilities operated directly by the department:

  4         1.  To operate inmate canteens and vending machines,

  5  including purchasing items for resale at inmate canteens and

  6  vending machines; employing personnel and inmates to manage,

  7  supervise, and operate inmate canteens and vending machines;

  8  and covering other operating and fixed capital outlay expenses

  9  associated with operating inmate canteens and vending

10  machines;

11         2.  To employ personnel to manage and supervise the

12  proceeds from telephone commissions;

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

14  copayment accounting system;

15         4.  To provide literacy programs, vocational training

16  programs, and educational programs that comply with standards

17  of the Department of Education, including employing personnel

18  and covering other operating and fixed capital outlay expenses

19  associated with providing such programs;

20         5.  To operate inmate chapels, faith-based programs,

21  visiting pavilions, visiting services and programs, family

22  services and programs, libraries, and law libraries, including

23  employing personnel and covering other operating and fixed

24  capital outlay expenses associated with operating inmate

25  chapels, faith-based programs, visiting pavilions, visiting

26  services and programs, family services and programs,

27  libraries, and law libraries;

28         6.  To purchase and repair televisions and antennae to

29  be used in inmate common areas and visitation areas to provide

30  inmates and their visitors with limited access to non-cable

31  network programming.

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  1         7.6.  To provide for expenses associated with various

  2  inmate clubs;

  3         8.7.  To provide for expenses associated with legal

  4  services for inmates;

  5         9.8.  To provide inmate substance abuse treatment

  6  programs and transition and life skills training programs,

  7  including employing personnel and covering other operating and

  8  fixed capital outlay expenses associated with providing such

  9  programs.

10         10.  To purchase wellness equipment for use by inmates,

11  including equipment for team sports and fitness activities to

12  support wellness habits, to promote healthy behavior, and to

13  reduce idleness for better institutional management, but

14  excluding free weights.

15         (c)  The Legislature shall annually appropriate the

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

17  intent of the Legislature that total annual expenditures for

18  providing literacy programs, vocational training programs, and

19  educational programs exceed the combined total annual

20  expenditures for operating inmate chapels, faith-based

21  programs, visiting pavilions, visiting services and programs,

22  televisions, television repairs, family services and programs,

23  libraries, and law libraries, covering expenses associated

24  with inmate clubs, and providing inmate substance abuse

25  treatment programs and transition and life skills training

26  programs.

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

28  other fund may not be used to purchase cable television

29  service. Such funds may not generally be used, to rent or

30  purchase videocassettes or, videocassette recorders, or other

31  audiovisual or electronic equipment used primarily for

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  1  recreation purposes. This paragraph does not preclude the

  2  purchase or rental of videocassettes or videocassette

  3  recorders electronic or audiovisual equipment for inmate

  4  training, or educational programs, or the amusement of

  5  children in visitation areas.

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

  7

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  9                          HOUSE SUMMARY

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      Revises and clarifies authorized uses of moneys in the
11    Inmate Welfare Trust Fund.

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