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), intointhe 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), intointhe 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), intointhe 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), intointhe 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.