ENROLLED
       2020 Legislature                           CS for CS for SB 1118
       
       
       
       
       
       
                                                             20201118er
    1  
    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), into in the 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), into in the
   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), into in the 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), into in the
   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  $2.5 million in any fiscal year. Any proceeds or funds that
  103  would cause deposits into the trust fund to exceed this limit
  104  must be 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 $2.5
  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.