Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for SB 484 Ì600470uÎ600470 LEGISLATIVE ACTION Senate . House Comm: RCS . 12/07/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.