Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 484
       
       
       
       
       
       
                                Ì600470uÎ600470                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/07/2017           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 67 - 123
    4  and insert:
    5  Corrections;
    6         2. Serve the remainder of his or her sentence in a
    7  Department of Corrections facility in the event a contract
    8  between the chief correctional officer and the Department of
    9  Corrections expires, terminates, or is not renewed during an
   10  offender’s sentence term; and
   11         3. May request to be transferred to a Department of
   12  Corrections facility if he or she is not receiving services and
   13  programming that are substantially equivalent to those that are
   14  available in a Department of Corrections facility, including,
   15  but not limited to, educational programing, vocational training,
   16  faith and character based programming, health services, mental
   17  health treatment and counseling, substance abuse treatment and
   18  counseling, and transitional services.
   19         (c) An offender sentenced to a county jail under this
   20  section shall be afforded the same or substantially equivalent
   21  opportunity to earn gain-time or other sentence credit, but may
   22  not receive gain-time or other sentence credit in an amount that
   23  would cause his or her sentence to expire, end, or terminate, or
   24  that would result in his or her release, before serving a
   25  minimum of 85 percent of the sentence imposed.
   26         (d)A felony offense for which an inmate is sentenced to a
   27  county jail under this section is considered to be a prior
   28  felony commitment at a state or federal correctional institution
   29  for the purposes of ss. 944.291, 947.1405, and 948.12.
   30         (e)1.A court may only sentence an offender to a county
   31  jail pursuant to this section if there is a contractual
   32  agreement between the chief correctional officer of that county
   33  and the Department of Corrections.
   34         2.The Department of Corrections shall enter into a
   35  contract that allows offenders to be sentenced to a county jail
   36  pursuant to this section if the chief correctional officer of a
   37  county requests the department to enter into such contract.
   38         3. The contract must:
   39         a. Establish the maximum number of beds and the validated
   40  per diem rate;
   41         b. Provide a per diem reimbursement rate for the days an
   42  inmate is in the custody of the county jail based on the
   43  contracting county’s most recent annual adult male custody or
   44  adult female custody per diem rates, not to exceed $60 per
   45  inmate;
   46         c. Require that inmates sentenced to a county jail receive
   47  substantially equivalent services and programming as are
   48  provided by the Department of Corrections in accordance with
   49  chapter 944, including, but not limited to, educational
   50  programing, vocational training, faith and character based
   51  programming, health services, mental health treatment and
   52  counseling, substance abuse treatment and counseling, and
   53  transitional services;
   54         d. Specify the services and programming the county will
   55  provide to the inmates in accordance with sub-subparagraph c.;
   56         e. Authorize a county jail to contract with a privately
   57  operated community release and transition center to provide the
   58  required services and programming to any inmates sentenced to a
   59  county jail;
   60         f. Establish regular intervals that the county jail and
   61  Department of Corrections must share information related to an
   62  inmate sentenced to a county jail under this section, including,
   63  but not limited to, an inmate's confinement status and any
   64  information related to the calculation of a tentative release
   65  date; and
   66         g. Require the county jail provide documentation to verify
   67  the expenses related to an inmate sentenced to a county jail
   68  under this section, including, but not limited to, the number of
   69  days an inmate is in the custody of the county jail.
   70         (f)A contract executed under this section is contingent
   71  upon an appropriation by the legislature for the specific
   72  purpose of funding state inmates housed in county facilities.
   73  Contracts must be awarded by the Department of Corrections on a
   74  first-come, first-served basis up to the maximum appropriation
   75  allowable. For purposes of this section, "maximum appropriation
   76  allowable" means the sum of the appropriations made by the
   77  legislature to fund state inmates housed in county facilities
   78  and the net amount of appropriations transferred to or from the
   79  State Inmates Housed in County Jail appropriation category for
   80  contracts entered into under this section and s. 944.172.
   81         (g)Each time the Department of Corrections executes a
   82  contract pursuant to this section, the Department of Corrections
   83  shall transfer funds, consistent with the requirements of
   84  chapter 216, from other appropriation categories within the
   85  Adult Male Custody Operations or the Adult and Youthful Offender
   86  Female Custody Operations budget entities to the State Inmates
   87  Housed in County Jail appropriation category in an amount
   88  necessary to satisfy the requirements of each executed contract,
   89  but not to exceed the Department of Corrections’ average total
   90  per diem published for the preceding fiscal year for adult male
   91  custody or adult and youthful offender female custody inmates
   92  for each county jail bed contracted. Before any appropriation is
   93  transferred to the State Inmates Housed in County Jail
   94  appropriation category, the Department of Corrections shall
   95  estimate the appropriation amount that is obligated for the
   96  county jail beds contracted under this section and s. 944.172 to
   97  estimate the amount in which these obligations exceed the
   98  Department of Corrections' per diem for adult male and female
   99  inmates.
  100         (h)Each time a contract executed pursuant to this section
  101  ends, the Department of Corrections shall transfer funds,
  102  consistent with the requirements of chapter 216, from the State
  103  Inmates Housed in County Jail appropriation category to the
  104  other appropriation categories within the Adult Male Custody
  105  Operations or the Adult and Youthful Offender Female Custody
  106  Operations budget entities. Such transfer may not exceed the
  107  Department of Corrections’ average total per diem published for
  108  the preceding fiscal year for adult male custody or adult and
  109  youthful offender female custody inmates for each county jail
  110  bed contracted.
  111         (i) The Department of Corrections shall assume maximum
  112  annual value of each contract entered into under this section
  113  and s. 944.172 when determining the full use of funds
  114  appropriated to ensure that the maximum appropriation allowable
  115  is not exceeded.
  116         (j)All contractual per diem rates under this section and
  117  all per diem rates used by the Department of Corrections must be
  118  validated by the Auditor General before payments are made.
  119         Section 2. Section 944.172, Florida Statutes, is created to
  120  read:
  121         944.172 Housing of an inmate in a county jail.—
  122         (1)(a)An inmate committed to the custody of the department
  123  who has less than 24 months remaining on his or her sentence may
  124  be transferred for the remainder of the term of imprisonment to
  125  a county jail in the county where he or she will reside upon
  126  release.
  127         (b)1. Notwithstanding s. 947.149 and regardless of the
  128  length of imprisonment remaining on an inmate's sentence, a
  129  terminally ill inmate that has less than 12 months to live may
  130  be transferred to a county jail in the county where his or her
  131  family resides for the remainder of the term of his or her
  132  imprisonment or life, whichever occurs first. For purposes of
  133  this section, "terminally ill inmate" means an inmate who has a
  134  condition caused by injury, disease, or illness which, to a
  135  reasonable degree of medical certainty, renders the inmate
  136  terminally ill to the extent that there can be no recovery and
  137  death is expected within 12 months.
  138         2.A terminally ill inmate transferred to a county jail
  139  does not have to be reviewed and approved by the Florida
  140  Commission on Offender Review in accordance with s. 947.149.
  141  However, an inmate transferred under this paragraph is still
  142  eligible to be subsequently released from the county jail on
  143  conditional medical release pursuant to s. 947.149.
  144         (c) Any inmate transferred to a county jail under this
  145  section remains under the jurisdiction of the department.
  146         (2)Except as provided for in s. 947.149, an inmate
  147  transferred to a county jail under this section shall be
  148  afforded the same or substantially equivalent opportunity to
  149  earn gain-time or other sentence credit, but may not receive
  150  gain-time or other sentence credit in an amount that would cause
  151  the inmate’s sentence to expire, end, or terminate, or that
  152  would result in the inmate’s release, prior to serving a minimum
  153  of 85 percent of the sentence imposed.
  154         (3)(a) An inmate may only be transferred to a county jail
  155  under this section if there is a contractual agreement between
  156  the chief correctional officer of that county and the
  157  department.
  158         (b)The department shall enter into a contract that allows
  159  inmates to be transferred to a county jail pursuant to this
  160  section if the chief correctional officer of a county requests
  161  the department to enter into such contract.
  162         (c) The contract must:
  163         1. Establish the maximum number of beds and the validated
  164  per diem rate;
  165         2. Provide a per diem reimbursement rate for the days an
  166  inmate is in the custody of the county jail based on the
  167  contracting county’s most recent annual adult male custody or
  168  adult female custody per diem rates, not to exceed $60 per
  169  inmate;
  170         3.Specify whether the county will accept the transfer of a
  171  terminally ill inmate;
  172         4. Designate the categories of inmate classification or
  173  security level that will be accepted for transfer;
  174         5. Provide for the delivery and retaking of inmates;
  175         6. Require that inmates transferred to a county jail
  176  receive substantially equivalent services and programming as are
  177  provided by the department in accordance with chapter 944,
  178  including, but not limited to, educational programing,
  179  vocational training, faith and character based programming,
  180  health services, mental health treatment and counseling,
  181  substance abuse treatment and counseling, and transitional
  182  services;
  183         7. Specify the services and programming the county will
  184  provide to the inmates in accordance with subparagraph 6.;
  185         8. Authorize a county jail to contract with a privately
  186  operated community release and transition center to provide the
  187  required services and programming to any inmates transferred to
  188  a county jail;
  189         9. Establish regular intervals that the county jail and the
  190  department must share information related to an inmate
  191  transferred to a county jail under this section, including, but
  192  not limited to, an inmate's confinement status and any
  193  information related to the calculation of a tentative release
  194  date; and
  195         10. Require the county jail to provide documentation to
  196  verify expenses related to an inmate transferred to a county
  197  jail under this section, including, but not limited to, the
  198  number of days an inmate is in the custody of the county jail.
  199         (4) The department shall transfer any inmate that is
  200  eligible under subsection (1) if the inmate also qualifies under
  201  the contractual terms mutually agreed to by the department and
  202  the designated county of release.
  203         (5) An inmate may request to be transferred back to a
  204  department facility if he or she is not receiving the services
  205  and programming that are substantially equivalent to those that
  206  are available in a department facility, including, but not
  207  limited to, educational programing, vocational training, faith
  208  and character based programming, health services, mental health
  209  treatment and counseling, substance abuse treatment and
  210  counseling, and transitional services.
  211         (6) The inmate shall be transferred back to a department
  212  facility to serve the remainder of his or her sentence in the
  213  event a contract between the chief correctional officer and the
  214  department expires, terminates, or is not renewed during an
  215  inmate's imprisonment in the county jail.
  216         (7)(a) A contract executed under this section is contingent
  217  upon an appropriation by the legislature for the specific
  218  purpose of funding state inmates housed in county facilities.
  219  Contracts must be awarded by the department on a first-come,
  220  first-served basis up to the maximum appropriation allowable.
  221  For purposes of this section, "maximum appropriation allowable"
  222  means the sum of the appropriations made by the legislature to
  223  fund state inmates housed in county facilities and the net
  224  amount of appropriations transferred to or from the State
  225  Inmates Housed in County Jail appropriation category for
  226  contracts entered into under this section and s. 921.188.
  227         (b)Each time the department executes a contract pursuant
  228  to this section, the department shall transfer funds, consistent
  229  with the requirements of chapter 216, from other appropriation
  230  categories within the Adult Male Custody Operations or the Adult
  231  and Youthful Offender Female Custody Operations budget entities
  232  to the State Inmates Housed in County Jail appropriation
  233  category in an amount necessary to satisfy the requirements of
  234  each executed contract, but not to exceed the department's
  235  average total per diem published for the preceding fiscal year
  236  for adult male custody or adult and youthful offender female
  237  custody inmates for each county jail bed contracted. Before any
  238  appropriation is transferred to the State Inmates Housed in
  239  County Jail appropriation category, the department shall
  240  estimate the appropriation amount that is obligated for the
  241  county jail beds contracted under this section and s. 921.188 to
  242  estimate the amount in which these obligations exceed the
  243  department's per diem for adult male and female inmates.
  244         (c)Each time a contract executed pursuant to this section
  245  ends, the department shall transfer funds, consistent with the
  246  requirements of chapter 216, from the State Inmates Housed in
  247  County Jail appropriation category to the other appropriation
  248  categories within the Adult Male Custody Operations or the Adult
  249  and Youthful Offender Female Custody Operations budget entities.
  250  Such transfer may not exceed the department's average total per
  251  diem published for the preceding fiscal year for adult male
  252  custody or adult and youthful offender female custody inmates
  253  for each county jail bed contracted.
  254         (d) The department shall assume maximum annual value of
  255  each contract entered into under this section and s. 921.188
  256  when determining the full use of funds appropriated to ensure
  257  that the maximum appropriation allowable is not exceeded.
  258         (e)All contractual per diem rates under this section and
  259  all per diem rates used by the department must be validated by
  260  the Auditor General before payments are made.
  261         (8) The department may adopt rules to administer this
  262  section.
  263         Section 3. Subsection (6) of section 947.149, Florida
  264  Statutes, is renumbered as subsection (7), and a new subsection
  265  (6) is added to that section, to read:
  266         (6) An inmate transferred to a county jail pursuant to s.
  267  944.172(1)(b) does not have to be reviewed and approved by the
  268  commission in accordance with this section and such transfer
  269  does not exclude the inmate from subsequently being released
  270  from imprisonment in accordance with this section.
  271         Section 4. This act shall take effect October 1, 2018.
  272  
  273  ================= T I T L E  A M E N D M E N T ================
  274  And the title is amended as follows:
  275         Delete lines 2 - 14
  276  and insert:
  277         An act relating to housing of state inmates; amending
  278         s. 921.188, F.S.; authorizing a court to sentence
  279         offenders to a county jail for up to 24 months under
  280         certain circumstances for offenses committed after a
  281         specified date; requiring sentencing conditions;
  282         prohibiting an offender from receiving gain-time or
  283         other sentence credit that would result in the
  284         offender serving less than 85 percent of his or her
  285         sentence; providing applicability for inmates
  286         sentenced to a county jail; providing that contracts
  287         are contingent upon an appropriation; providing
  288         contractual requirements; requiring specific
  289         appropriations; providing for such appropriations;
  290         requiring the validation of per diem rates before
  291         payments are made; creating s. 944.172, F.S.;
  292         requiring the Department of Corrections to transfer
  293         state inmates who have less than 24 months remaining
  294         on a term of imprisonment to county jail under certain
  295         circumstances; defining a terminally ill inmate;
  296         requiring the department to transfer a terminally ill
  297         inmate to county jail under certain circumstances;
  298         ensuring an inmate earns substantially equivalent
  299         opportunities for gain-time or sentence credit;
  300         prohibiting an inmate from receiving gain-time or
  301         other sentence credit that would result in the inmate
  302         serving less than 85 percent of his or her sentence;
  303         providing that contracts are contingent upon an
  304         appropriation; providing contractual requirements;
  305         requiring specific appropriations; providing for such
  306         appropriations; requiring the validation of per diem
  307         rates before payments are made; amending s. 947.149,
  308         F.S.; excluding a terminally ill inmate transferred to
  309         a county jail from the review and approval process
  310         conducted by the Commission on Offender Review;
  311         renumbering sections; providing an effective date.