Florida Senate - 2020                             CS for SB 1118
       
       
        
       By the Committee on Criminal Justice; and Senators Brandes and
       Pizzo
       
       
       
       
       591-02399-20                                          20201118c1
    1                        A bill to be entitled                      
    2         An act relating to inmate welfare trust funds;
    3         amending s. 945.215, F.S.; requiring that specified
    4         proceeds and funds be deposited into the State
    5         Operated Institutions Inmate Welfare Trust Fund;
    6         providing that the trust fund is a trust held by the
    7         Department of Corrections for the benefit and welfare
    8         of certain inmates; prohibiting deposits into the
    9         trust fund from exceeding a specified amount per
   10         fiscal year; requiring that deposits in excess of that
   11         amount be deposited into the General Revenue Fund;
   12         requiring that funds of the trust fund be used
   13         exclusively for specified purposes at correctional
   14         facilities operated by the department; requiring that
   15         funds from the trust fund be expended only pursuant to
   16         legislative appropriation; requiring the department to
   17         annually compile a report documenting trust fund
   18         receipts and expenditures; requiring the department to
   19         submit the report to the Governor and the Legislature
   20         by a specified date each year; providing an
   21         appropriation; providing a contingent effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Present subsections (2) and (3) of section
   26  945.215, Florida Statutes, are redesignated as subsections (3)
   27  and (4), respectively, a new subsection (2) is added to that
   28  section, and paragraphs (a) through (d) of subsection (1) of
   29  that section are amended, to read:
   30         945.215 Inmate welfare and employee benefit trust funds.—
   31         (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS.—
   32         (a) The net proceeds from operating inmate canteens,
   33  vending machines used primarily by inmates and visitors, hobby
   34  shops, and other such facilities must be deposited into the
   35  State-Operated Institutions Inmate Welfare Trust Fund or, as
   36  provided in paragraph (2)(b), into in the General Revenue Fund;
   37  however, funds necessary to purchase items for resale at inmate
   38  canteens and vending machines must be deposited into local bank
   39  accounts designated by the department.
   40         (b) All proceeds from contracted telephone commissions must
   41  be deposited into the State-Operated Institutions Inmate Welfare
   42  Trust Fund or, as provided in paragraph (2)(b), into in the
   43  General Revenue Fund. The department shall develop and update,
   44  as necessary, administrative procedures to verify that:
   45         1. Contracted telephone companies accurately record and
   46  report all telephone calls made by inmates incarcerated in
   47  correctional facilities under the department’s jurisdiction;
   48         2. Persons who accept collect calls from inmates are
   49  charged the contracted rate; and
   50         3. The department receives the contracted telephone
   51  commissions.
   52         (c) Any funds that may be assigned by inmates or donated to
   53  the department by the general public or an inmate service
   54  organization must be deposited into the State-Operated
   55  Institutions Inmate Welfare Trust Fund or, as provided in
   56  paragraph (2)(b), into in the General Revenue Fund; however, the
   57  department shall not accept any donation from, or on behalf of,
   58  any individual inmate.
   59         (d) All proceeds from the following sources must be
   60  deposited into the State-Operated Institutions Inmate Welfare
   61  Trust Fund or, as provided in paragraph (2)(b), into in the
   62  General Revenue Fund:
   63         1. The confiscation and liquidation of any contraband found
   64  upon, or in the possession of, any inmate;
   65         2. Disciplinary fines imposed against inmates;
   66         3. Forfeitures of inmate earnings; and
   67         4. Unexpended balances in individual inmate trust fund
   68  accounts of less than $1.
   69         (2)STATE-OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.—
   70         (a)The State-Operated Institutions Inmate Welfare Trust
   71  Fund constitutes a trust held by the department for the benefit
   72  and welfare of inmates incarcerated in correctional facilities
   73  operated directly by the department.
   74         (b)Deposits into the trust fund may not exceed a total of
   75  $10 million in any fiscal year. Any proceeds or funds that would
   76  cause deposits into the trust fund to exceed this limit must be
   77  deposited into the General Revenue Fund.
   78         (c)Funds in the trust fund shall be used exclusively to
   79  provide for or operate any of the following at correctional
   80  facilities operated by the department:
   81         1.Literacy programs, vocational training programs, and
   82  educational programs.
   83         2.Inmate chapels, faith-based programs, visiting
   84  pavilions, visiting services and programs, family services and
   85  programs, and libraries.
   86         3.Inmate substance abuse treatment programs and transition
   87  and life skills training programs.
   88         4.The purchase, rental, maintenance, or repair of
   89  electronic or audiovisual equipment, media, services, and
   90  programming used by inmates.
   91         5.The purchase, rental, maintenance, or repair of
   92  recreation and wellness equipment.
   93         6.The purchase, rental, maintenance, or repair of bicycles
   94  used by inmates traveling to and from employment in the work
   95  release program authorized under s. 945.091(1)(b).
   96         (d)Funds in the trust fund may be expended only pursuant
   97  to legislative appropriation.
   98         (e)The department shall annually compile a report that
   99  documents State-Operated Institutions Inmate Welfare Trust Fund
  100  receipts and expenditures. This report must be compiled at both
  101  the statewide and institutional levels. The department must
  102  submit the report for the previous fiscal year by October 1 of
  103  each year to the Executive Office of the Governor and the chairs
  104  of the appropriate substantive and fiscal committees of the
  105  Senate and the House of Representatives.
  106         Section 2. For the 2020-2021 fiscal year, the sum of $10
  107  million in recurring funds is appropriated from the State
  108  Operated Institutions Inmate Welfare Trust Fund to the
  109  Department of Corrections for the purpose of providing for the
  110  welfare of inmates incarcerated in correctional facilities
  111  operated directly by the department pursuant to s. 945.215(2),
  112  Florida Statutes.
  113         Section 3. This act shall take effect on the same date that
  114  SB 1116 or similar legislation takes effect if such legislation
  115  is enacted in the same legislative session or an extension
  116  thereof and becomes a law.