Senate Bill 0800c1

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    Florida Senate - 2000                            CS for SB 800

    By the Committee on Criminal Justice and Senator Brown-Waite





    307-2110-00

  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 if

21         there are insufficient funds; providing for

22         rules; providing for future review and

23         termination or re-creation of the trust fund;

24         providing an effective date.

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

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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 Senate - 2000                            CS for SB 800
    307-2110-00




  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 5 banking days after having received an

23  offender's cost-of-supervision payment, the department shall

24  transfer the specified $5 charge into the County Reimbursement

25  for Supervision Violations Trust Fund, which is established

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

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

28  offender who violates the terms and conditions of his or her

29  release or supervision. The reimbursement shall be for the

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

31  for both predisposition and postdisposition incarceration

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    Florida Senate - 2000                            CS for SB 800
    307-2110-00




  1  stay. The Department of Revenue shall invest such trust funds,

  2  and they shall be subject to the 7-percent service charge

  3  authorized by s. 215.20. Funds are appropriated to make such

  4  transfers to the Department of Revenue. This $5-per-month

  5  deduction is not to be an additional charge to the offender,

  6  and the $5 paid shall be considered as part of the total

  7  amount the offender is required to pay.

  8         b.  The Department of Corrections, in conjunction with

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

10  uniform affidavit and required attachments, which will provide

11  the documentation necessary for a county to apply for

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

13  attachments, and rulemaking necessary to implement this

14  subparagraph shall be completed no later than September 1,

15  2000. Counties shall submit these affidavits monthly to the

16  Department of Corrections for review, and the Department of

17  Corrections shall compile this information monthly and forward

18  it to the Department of Revenue.

19         c.  The Department of Revenue shall distribute the

20  reimbursement moneys contained within the County Reimbursement

21  for Supervision Violations Trust Fund to the counties on

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

23  rules no later than September 1, 2000, which establish a

24  reimbursement payment scale that will allow for reimbursements

25  of no more than $15 per day per offender per county. If there

26  are insufficient funds in the County Reimbursement for

27  Supervision Violations Trust Fund to cover each of the

28  reimbursement requests in full, the Department of Revenue

29  shall distribute the funds on a pro rata basis which will pay

30  all counties the same per diem for each day for each felony

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    Florida Senate - 2000                            CS for SB 800
    307-2110-00




  1  offender housed who has violated his or her release or

  2  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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    Florida Senate - 2000                            CS for SB 800
    307-2110-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 800

  3

  4  -     Transfers management responsibility of the trust fund
          from the Department of Corrections to the Department of
  5        Revenue, and requires the trust fund to be subject to
          the surcharge authorized by s. 215.20, F.S.
  6
    -     Requires the Department of Corrections, in conjunction
  7        with the Department of Revenue and the Comptroller, to
          develop a uniform affidavit and required attachments, by
  8        September 1, 2000, which will be used by the counties
          when they apply for reimbursement from the trust fund.
  9
    -     Requires the counties to complete the documentation on a
10        monthly basis and submit it to the Department of
          Corrections for review. After reviewing the
11        documentation, the Department of Corrections shall
          submit it to the Department of Revenue, which will refer
12        to the documentation when distributing reimbursements.

13  -     Requires the Department of Revenue to establish a
          reimbursement payment scale (with a maximum
14        reimbursement of no more than $15.00 per day per
          offender per county) and to distribute the reimbursement
15        payments to the counties on October 1 of each year. This
          form of distribution is different from the original
16        bill, which required that the counties be reimbursed on
          a monthly basis.
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    -     Establishes a procedure for managing the trust fund if
18        the situation arises in which there are insufficient
          funds available in the trust fund to cover each of the
19        reimbursement requests in full. The bill in its original
          format did not address the situation of insufficient
20        funds.

21  -     Allows the Department of Corrections five banking days
          to transfer funds to the trust fund.
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