Florida Senate - 2020 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1118 Ì773884SÎ773884 576-03589-20 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Criminal and Civil Justice) 1 A bill to be entitled 2 An act relating to inmate welfare trust funds; 3 amending s. 944.516, F.S.; requiring that certain 4 amounts in inmate trust fund accounts be deposited 5 into the trust fund; amending s. 945.215, F.S.; 6 requiring that specified proceeds and funds be 7 deposited into the State-Operated Institutions Inmate 8 Welfare Trust Fund; providing that the trust fund is a 9 trust held by the Department of Corrections for the 10 benefit and welfare of certain inmates; prohibiting 11 deposits into the trust fund from exceeding a 12 specified amount per fiscal year; requiring that 13 deposits in excess of that amount be deposited into 14 the General Revenue Fund; requiring that funds of the 15 trust fund be used exclusively for specified purposes 16 at correctional facilities operated by the department; 17 requiring that funds from the trust fund be expended 18 only pursuant to legislative appropriation; requiring 19 the department to annually compile a report 20 documenting trust fund receipts and expenditures; 21 requiring the department to submit the report to the 22 Governor and the Legislature by a specified date each 23 year; amending s. 946.002, F.S.; requiring that 24 certain prisoner earnings are deposited into the trust 25 fund; providing an appropriation; providing a 26 contingent effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsection (5) of section 944.516, Florida 31 Statutes, is amended to read: 32 944.516 Money or other property received for personal use 33 or benefit of inmate; deposit; disposition of unclaimed trust 34 funds.—The Department of Corrections shall protect the financial 35 interest of the state with respect to claims which the state may 36 have against inmates in state institutions under its supervision 37 and control and shall administer money and other property 38 received for the personal benefit of such inmates. In carrying 39 out the provisions of this section, the department may delegate 40 any of its enumerated powers and duties affecting inmates of an 41 institution to the warden or regional director who shall 42 personally, or through designated employees of his or her 43 personal staff under his or her direct supervision, exercise 44 such powers or perform such duties. 45 (5) When an inmate is transferred between department 46 facilities, is released from the custody of the department, 47 dies, or escapes during incarceration, and the inmate has an 48 unexpended inmate trust fund account balance of less than $1, 49 that balance shall be transferred to the State-Operated 50 Institutions Inmate Welfare Trust Fund or, as provided in s. 51 945.215(2)(b), into the General Revenue Fund. 52 Section 2. Present subsections (2) and (3) of section 53 945.215, Florida Statutes, are redesignated as subsections (3) 54 and (4), respectively, a new subsection (2) is added to that 55 section, and paragraphs (a) through (d) of subsection (1) of 56 that section are amended, to read: 57 945.215 Inmate welfare and employee benefit trust funds.— 58 (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS.— 59 (a) The net proceeds from operating inmate canteens, 60 vending machines used primarily by inmates and visitors, hobby 61 shops, and other such facilities must be deposited into the 62 State-Operated Institutions Inmate Welfare Trust Fund or, as 63 provided in paragraph (2)(b), intointhe General Revenue Fund; 64 however, funds necessary to purchase items for resale at inmate 65 canteens and vending machines must be deposited into local bank 66 accounts designated by the department. 67 (b) All proceeds from contracted telephone commissions must 68 be deposited into the State-Operated Institutions Inmate Welfare 69 Trust Fund or, as provided in paragraph (2)(b), intointhe 70 General Revenue Fund. The department shall develop and update, 71 as necessary, administrative procedures to verify that: 72 1. Contracted telephone companies accurately record and 73 report all telephone calls made by inmates incarcerated in 74 correctional facilities under the department’s jurisdiction; 75 2. Persons who accept collect calls from inmates are 76 charged the contracted rate; and 77 3. The department receives the contracted telephone 78 commissions. 79 (c) Any funds that may be assigned by inmates or donated to 80 the department by the general public or an inmate service 81 organization must be deposited into the State-Operated 82 Institutions Inmate Welfare Trust Fund or, as provided in 83 paragraph (2)(b), intointhe General Revenue Fund; however, the 84 department shall not accept any donation from, or on behalf of, 85 any individual inmate. 86 (d) All proceeds from the following sources must be 87 deposited into the State-Operated Institutions Inmate Welfare 88 Trust Fund or, as provided in paragraph (2)(b), intointhe 89 General Revenue Fund: 90 1. The confiscation and liquidation of any contraband found 91 upon, or in the possession of, any inmate; 92 2. Disciplinary fines imposed against inmates; 93 3. Forfeitures of inmate earnings; and 94 4. Unexpended balances in individual inmate trust fund 95 accounts of less than $1. 96 (2) STATE-OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.— 97 (a) The State-Operated Institutions Inmate Welfare Trust 98 Fund constitutes a trust held by the department for the benefit 99 and welfare of inmates incarcerated in correctional facilities 100 operated directly by the department. 101 (b) Deposits into the trust fund may not exceed a total of 102 $10 million in any fiscal year. Any proceeds or funds that would 103 cause deposits into the trust fund to exceed this limit must be 104 deposited into the General Revenue Fund. 105 (c) Funds in the trust fund shall be used exclusively to 106 provide for or operate any of the following at correctional 107 facilities operated by the department: 108 1. Literacy programs, vocational training programs, and 109 educational programs. 110 2. Inmate chapels, faith-based programs, visiting 111 pavilions, visiting services and programs, family services and 112 programs, and libraries. 113 3. Inmate substance abuse treatment programs and transition 114 and life skills training programs. 115 4. The purchase, rental, maintenance, or repair of 116 electronic or audiovisual equipment, media, services, and 117 programming used by inmates. 118 5. The purchase, rental, maintenance, or repair of 119 recreation and wellness equipment. 120 6. The purchase, rental, maintenance, or repair of bicycles 121 used by inmates traveling to and from employment in the work 122 release program authorized under s. 945.091(1)(b). 123 (d) Funds in the trust fund may be expended only pursuant 124 to legislative appropriation. 125 (e) The department shall annually compile a report that 126 documents State-Operated Institutions Inmate Welfare Trust Fund 127 receipts and expenditures. This report must be compiled at both 128 the statewide and institutional levels. The department must 129 submit the report for the previous fiscal year by October 1 of 130 each year to the Executive Office of the Governor and the chairs 131 of the appropriate substantive and fiscal committees of the 132 Senate and the House of Representatives. 133 Section 3. Paragraph (b) of subsection (4) of section 134 946.002, Florida Statutes, is amended to read: 135 946.002 Requirement of labor; compensation; amount; 136 crediting of account of prisoner; forfeiture; civil rights; 137 prisoner not employee or entitled to compensation insurance 138 benefits.— 139 (4) 140 (b) When any prisoner escapes, the department shall 141 determine what portion of the prisoner’s earnings shall be 142 forfeited, and such forfeiture shall be deposited in the State 143 Treasury in the State-Operated Institutions Inmate Welfare Trust 144 Fund of the department or, as provided in s. 945.215(2)(b), into 145 the General Revenue Fund. 146 Section 4. For the 2020-2021 fiscal year, the sum of $10 147 million in recurring funds is appropriated from the State 148 Operated Institutions Inmate Welfare Trust Fund to the 149 Department of Corrections for the purpose of providing for the 150 welfare of inmates incarcerated in correctional facilities 151 operated directly by the department pursuant to s. 945.215(2), 152 Florida Statutes. 153 Section 5. This act shall take effect on the same date that 154 SB 1116 or similar legislation takes effect if such legislation 155 is enacted in the same legislative session or an extension 156 thereof and becomes a law.