Bill Text: FL S0484 | 2018 | Regular Session | Comm Sub


Bill Title: Criminal Justice

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-03-10 - Died on Calendar [S0484 Detail]

Download: Florida-2018-S0484-Comm_Sub.html
       Florida Senate - 2018                       CS for CS for SB 484
       
       
        
       By the Committees on Appropriations; and Criminal Justice; and
       Senators Bradley and Brandes
       
       
       
       
       576-02716-18                                           2018484c2
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; creating s.
    3         907.042, F.S.; authorizing each county to create a
    4         supervised bond release program; providing legislative
    5         findings; providing a supervised bond program must be
    6         created with the concurrence of the chief judge,
    7         county’s chief correctional officer, state attorney,
    8         and public defender; providing an exception to a
    9         county that has already established and implemented a
   10         supervised bond program that utilizes a risk
   11         assessment instrument; providing specified program
   12         components; providing guidelines for the risk
   13         assessment instrument; authorizing the county to
   14         contract with the Department of Corrections to develop
   15         or modify a risk assessment instrument if such
   16         instrument meets certain requirements; authorizing a
   17         county to develop or use an existing risk assessment
   18         instrument if validated by the department and such
   19         instrument meets certain requirements; authorizing a
   20         county to contract with another county for the use of
   21         a risk assessment instrument if validated and such
   22         instrument meets certain requirements; authorizing the
   23         county to contract with an independent entity for use
   24         of a risk assessment instrument if validated and such
   25         instrument meets certain requirements; specifying
   26         requirements for the use, implementation, and
   27         distribution of the risk assessment instrument;
   28         requiring each county that establishes a supervised
   29         bond program to submit a report annually by a certain
   30         date to the Office of Program Policy Analysis and
   31         Government Accountability (OPPAGA); requiring OPPAGA
   32         to compile the reports and include such information in
   33         a report sent to the Governor, President of the
   34         Senate, and Speaker of the House of Representatives in
   35         accordance with s. 907.044, F.S.; amending s. 921.188,
   36         F.S.; authorizing a court to sentence offenders to a
   37         county jail for up to 24 months under certain
   38         circumstances for offenses committed after a specified
   39         date; requiring sentencing conditions; prohibiting an
   40         offender from receiving gain-time or other sentence
   41         credit that would result in the offender serving less
   42         than 85 percent of his or her sentence; providing
   43         applicability for inmates sentenced to a county jail;
   44         providing that contractual agreements between a
   45         county’s chief correctional officer and the department
   46         are contingent upon an appropriation; providing
   47         contractual requirements; requiring specific
   48         appropriations; providing for such appropriations;
   49         requiring the validation of per diem rates before
   50         payments are made; creating s. 944.172, F.S.;
   51         authorizing the department to transfer inmates who
   52         have less than 24 months remaining on a term of
   53         imprisonment to county jail under certain
   54         circumstances; authorizing the department to transfer
   55         a terminally ill inmate to county jail under certain
   56         circumstances; defining the term “terminally ill
   57         inmate”; providing that an inmate transferred to
   58         county jail earns the same or substantially equivalent
   59         opportunities for gain-time or sentence credit;
   60         providing an exception; prohibiting an inmate from
   61         receiving gain-time or other sentence credit that
   62         would result in the inmate serving less than 85
   63         percent of his or her sentence; authorizing an inmate
   64         to be transferred to a county jail only if there is a
   65         contractual agreement between the county’s chief
   66         correctional officer and the department; requiring the
   67         department to enter into a contract with a county’s
   68         chief correctional officer under certain
   69         circumstances; providing contractual requirements;
   70         authorizing an inmate to request to be transferred
   71         back to a department facility under certain
   72         circumstances; requiring the transfer of an inmate
   73         back to a department facility if a contract expires,
   74         terminates, or is not renewed; providing that
   75         contracts are contingent upon an appropriation;
   76         requiring specific appropriations; defining the term
   77         “maximum appropriation allowable”; providing for such
   78         appropriations; requiring the validation of per diem
   79         rates before payments are made; authorizing the
   80         department to adopt rules; amending s. 945.091, F.S.;
   81         authorizing the department to extend the limits of
   82         confinement to allow an inmate to participate in
   83         supervised community release, subject to certain
   84         requirements, as prescribed by the department by rule;
   85         requiring the department to administer a risk
   86         assessment instrument to determine an inmate’s
   87         appropriateness for release on electronic monitoring;
   88         authorizing the department to terminate an inmate’s
   89         participation under certain circumstances; authorizing
   90         a law enforcement or a probation officer to arrest
   91         such an inmate without a warrant in accordance with
   92         specified authority; requiring the law enforcement or
   93         probation officer to report alleged violations to a
   94         correctional officer for disposition of disciplinary
   95         charges as prescribed by the department by rule;
   96         providing that participating inmates remain eligible
   97         to earn or lose gain-time, but not in an amount that
   98         results in an inmate being released prior to serving
   99         85 percent of the sentence imposed; providing that
  100         such inmates may not be counted in the population of
  101         the prison system and that their approved community
  102         based housing location may not be counted in the
  103         capacity figures for the prison system; amending s.
  104         947.149, F.S.; excluding a terminally ill inmate
  105         transferred to a county jail from the review and
  106         approval process conducted by the Commission on
  107         Offender Review; creating s. 948.33, F.S.; authorizing
  108         a prisoner in a state prison who has an unserved
  109         violation of probation or an unserved violation of
  110         community control warrant to file a notice of unserved
  111         warrant in the circuit court where the warrant was
  112         issued and to serve notice on the state attorney;
  113         requiring the circuit court to schedule a status
  114         hearing within a certain timeframe after receiving
  115         notice; specifying procedures and requirements for the
  116         status hearing; providing for prosecution of the
  117         violation; requiring that if the court enters an
  118         order, it send the order to the county sheriff;
  119         providing an effective date.
  120          
  121  Be It Enacted by the Legislature of the State of Florida:
  122  
  123         Section 1. Section 907.042, Florida Statutes, is created to
  124  read:
  125         907.042Supervised bond program.—
  126         (1)LEGISLATIVE FINDINGS.—The Legislature finds that there
  127  is a need to use evidence-based methods to identify defendants
  128  that can successfully comply with specified pretrial release
  129  conditions. The Legislature finds that the use of actuarial
  130  instruments that evaluate criminogenic based needs and classify
  131  defendants according to levels of risk provides a more
  132  consistent and accurate assessment of a defendant’s risk of
  133  noncompliance while on pretrial release pending trial. The
  134  Legislature also finds that both the community and a defendant
  135  are better served when a defendant, who poses a low risk to
  136  society, is provided the opportunity to fulfill employment and
  137  familial responsibilities in the community under a structured
  138  pretrial release plan that ensures the best chance of remaining
  139  compliant with all pretrial conditions rather than remaining in
  140  custody. The Legislature finds that there is a benefit to
  141  establishing a supervised bond program in each county for the
  142  purpose of providing pretrial release to certain defendants who
  143  may not otherwise be eligible for pretrial release on
  144  unsupervised nonmonetary conditions and who do not have the
  145  ability to satisfy the bond imposed by the court. The
  146  Legislature finds that the creation of such a program will
  147  reduce the likelihood of defendants remaining unnecessarily in
  148  custody pending trial.
  149         (2)CREATION.—A supervised bond program may be established
  150  in each county with the terms of each program to be developed
  151  with concurrence of the chief judge of the circuit, the county’s
  152  chief correctional officer, the state attorney, and the public
  153  defender. A county that has already established and implemented
  154  a supervised bond program whose program and risk assessment
  155  instrument is in compliance with subsections (3) and (4) may
  156  continue to operate without such concurrence.
  157         (3) PROGRAM REQUIREMENTS.—A supervised bond program, at a
  158  minimum, shall:
  159         (a) Require the county’s chief correctional officer to
  160  administer the supervised bond program.
  161         (b) Require the county’s chief correctional officer, or his
  162  or her designee, to administer the risk assessment instrument to
  163  a potential defendant.
  164         (c) Utilize a risk assessment instrument to determine
  165  eligible defendants and determine an appropriate level of
  166  supervision for each defendant upon release.
  167         (d) Review the bond of a defendant who is being accepted
  168  into the supervised bond program to determine if a reduction of
  169  the court-ordered bond, up to its entirety, is appropriate.
  170         (e) Provide that the findings of the risk assessment
  171  instrument will be used to create an individualized supervision
  172  plan for each eligible defendant that is tailored to the
  173  defendant’s risk level and supervision needs.
  174         (f) Require, as part of the individualized supervision
  175  plan, that any defendant released in the supervised bond program
  176  must be placed on active electronic monitoring or active
  177  continuous alcohol monitoring, or both, dependent upon the level
  178  of risk indicated by the risk assessment instrument.
  179         (g) Require weekly communication between the office of the
  180  county’s chief correctional officer and the defendant as part of
  181  the individualized supervision plan, which can be satisfied via
  182  telephone or in person contact, dependent upon the level of risk
  183  indicated by the risk assessment instrument.
  184         (h)Establish procedures for reassessing or terminating
  185  defendants from the supervised bond program who do not comply
  186  with the terms of the individualized supervision plan imposed
  187  through the program.
  188         (4) RISK ASSESSMENT INSTRUMENT.—
  189         (a) Each county must utilize a risk assessment instrument
  190  for the supervised bond program that conducts a criminogenic
  191  assessment for use in evaluating the proper level of supervision
  192  appropriate to ensure compliance with pretrial conditions and
  193  safety to the community. The risk assessment instrument must
  194  consider, but need not be limited to, the following criteria:
  195         1. The nature and circumstances of the offense the
  196  defendant is alleged to have committed.
  197         2. The nature and extent of the defendant’s prior criminal
  198  history, if any.
  199         3. Any prior history of the defendant failing to appear in
  200  court.
  201         4.The defendant’s employment history, employability
  202  skills, and employment interests.
  203         5. The defendant’s educational, vocational, and technical
  204  training.
  205         6. The defendant’s background, including his or her family,
  206  home, and community environment.
  207         7. The defendant’s physical and mental health history,
  208  including any substance use.
  209         8. An evaluation of the defendant’s criminal thinking,
  210  criminal associates, and social awareness.
  211         (b)A county may contract with the Department of
  212  Corrections to develop a risk assessment instrument or modify an
  213  instrument that has already been developed by the department,
  214  provided the instrument contains the criteria enumerated in
  215  paragraph (a). If a county elects to utilize a risk assessment
  216  instrument developed or modified by the department in accordance
  217  with this paragraph, the county’s chief correctional officer
  218  shall enter into a contract with the department for such use.
  219         (c)Each county may create its own risk assessment
  220  instrument for the purpose of operating a supervised bond
  221  program or may utilize a risk assessment instrument that has
  222  previously been developed for a similar purpose as provided for
  223  in this section. Additionally, a county may utilize a risk
  224  assessment instrument that has been developed by another county
  225  for a similar purpose as provided for in this section. To
  226  utilize a risk assessment instrument developed by a county in
  227  accordance with this paragraph, the risk assessment instrument
  228  must be validated by the Department of Corrections and contain
  229  the criteria enumerated in paragraph (a). If a county elects to
  230  utilize a risk assessment instrument developed or modified by
  231  another county in accordance with this paragraph, the counties’
  232  chief correctional officers shall enter into a contract for such
  233  use.
  234         (d) A county may contract with an independent entity to
  235  utilize a risk assessment instrument that has previously been
  236  developed for a similar purpose as provided for in this section.
  237  To utilize a risk assessment instrument developed by an
  238  independent entity in accordance with this paragraph, the risk
  239  assessment instrument must be validated by the Department of
  240  Corrections and contain the criteria enumerated in paragraph
  241  (a). If a county elects to utilize a risk assessment instrument
  242  developed or modified by an independent entity in accordance
  243  with this paragraph, the county’s chief correctional officer
  244  shall enter into a contract with the independent entity for such
  245  use.
  246         (e) A county may begin to implement its supervised bond
  247  program immediately upon securing a contract for the utilization
  248  of or the completion of development or modification, and if
  249  applicable, validation of, a risk assessment instrument. A
  250  county that intends to utilize a risk assessment instrument it
  251  has already developed or modified may implement a supervised
  252  bond program immediately upon validation of the risk assessment
  253  instrument. A county that has already implemented a supervised
  254  bond program may continue to operate such program while the risk
  255  assessment instrument it utilizes is being validated.
  256  Implementation must include training of all county staff that
  257  will administer the risk assessment instrument.
  258         (5) REPORTING.—Each county that establishes a supervised
  259  bond program pursuant to this section, or has an existing
  260  supervised bond program that operates in compliance with this
  261  section, shall provide an annual report to the Office of Program
  262  Policy Analysis and Government Accountability that details the
  263  results of the administration of the risk assessment instrument,
  264  programming used for defendants who received the assessment and
  265  were accepted into the supervised bond program, the success rate
  266  of such program, and savings realized by the county as a result
  267  of such defendants being released from custody pending trial.
  268  The annual report from the county must be submitted to OPPAGA by
  269  October 1 each year. OPPAGA shall compile the results of the
  270  counties reports for inclusion in an independent section of its
  271  annual report developed and submitted to the Governor, the
  272  President of the Senate, and the Speaker of the House of
  273  Representatives in accordance with s. 907.044.
  274         Section 2. Section 921.188, Florida Statutes, is amended to
  275  read:
  276         921.188 Placement of certain state inmates in local
  277  detention facilities.—
  278         (1) For offenses committed on or after Effective June 17,
  279  1993 and before July 1, 2018, notwithstanding the provisions of
  280  ss. 775.08, former 921.001, 921.002, 921.187, 944.02, and
  281  951.23, or any other law to the contrary, a person whose
  282  presumptive sentence is 1 year and 1 day up to 22 months in a
  283  state correctional institution may be placed by the court into
  284  the custody of a local detention facility as a condition of
  285  probation or community control for a felony offense contained in
  286  sentencing guidelines categories five through nine contained in
  287  Rules 3.701 and 3.988, Florida Rules of Criminal Procedure, or
  288  similar levels described in s. 921.0022, except for such person
  289  whose total sentence points are greater than 52 or less than 40.
  290  The court may place such person for the duration of the
  291  presumptive sentence. The court may only place a person in a
  292  local detention facility pursuant to this section if there is a
  293  contractual agreement between the chief correctional officer of
  294  that county and the Department of Corrections. The contract may
  295  include all operational functions, or only housing wherein the
  296  department would provide staffing and medical costs. The
  297  agreement must provide for a per diem or partial per diem
  298  reimbursement for each person placed under this section, which
  299  is payable by the Department of Corrections for the duration of
  300  the offender’s placement in the facility. The full per diem
  301  reimbursement may not exceed the per diem published in the
  302  Department of Corrections’ most recent annual report for total
  303  department facilities. This section does not limit the court’s
  304  ability to place a person in a local detention facility for less
  305  than 1 year.
  306         (2)(a) For offenses committed on or after July 1, 2018,
  307  notwithstanding ss. 775.08 and 921.0024 or any other provision
  308  of law, a court may sentence an offender to a term in the county
  309  jail in the county where the offense was committed for up to 24
  310  months if the offender meets all of the following criteria:
  311         1.The offender’s total sentence points score, as provided
  312  in s. 921.0024, is more than 44 points but no more than 60
  313  points.
  314         2.The offender’s primary offense is not a forcible felony
  315  as defined in s. 776.08, except that an offender whose primary
  316  offense is a felony of the third degree under chapter 810 is
  317  eligible to be sentenced to a county jail under this subsection.
  318         3.The offender’s primary offense is not punishable by a
  319  minimum mandatory sentence of more than 24 months.
  320         (b)As a condition of the sentence, the court shall order
  321  that the offender:
  322         1. Be placed under the jurisdiction of the Department of
  323  Corrections;
  324         2. Serve the remainder of his or her sentence in a
  325  Department of Corrections facility in the event a contract
  326  between the chief correctional officer and the Department of
  327  Corrections expires, terminates, or is not renewed during an
  328  offender’s sentence term; and
  329         3. May request to be transferred to a Department of
  330  Corrections facility if he or she is not receiving services and
  331  programming that are substantially equivalent to those that are
  332  available in a Department of Corrections facility, including,
  333  but not limited to, educational programing, vocational training,
  334  faith- and character-based programming, health services, mental
  335  health treatment and counseling, substance abuse treatment and
  336  counseling, and transitional services.
  337         (c) An offender sentenced to a county jail under this
  338  section shall be afforded the same or substantially equivalent
  339  opportunity to earn gain-time or other sentence credit, but may
  340  not receive gain-time or other sentence credit in an amount that
  341  would cause his or her sentence to expire, end, or terminate, or
  342  that would result in his or her release, before serving a
  343  minimum of 85 percent of the sentence imposed.
  344         (d)A felony offense for which an inmate is sentenced to a
  345  county jail under this section is considered to be a prior
  346  felony commitment at a state or federal correctional institution
  347  for the purposes of ss. 944.291, 947.1405, and 948.12.
  348         (e)1.A court may only sentence an offender to a county
  349  jail pursuant to this section if there is a contractual
  350  agreement between the chief correctional officer of that county
  351  and the Department of Corrections.
  352         2.The Department of Corrections shall enter into a
  353  contract that allows offenders to be sentenced to a county jail
  354  pursuant to this section if the chief correctional officer of a
  355  county requests the department to enter into such contract.
  356         3. The contract must:
  357         a. Establish the maximum number of beds and the validated
  358  per diem rate;
  359         b. Provide a per diem reimbursement rate for the days an
  360  inmate is in the custody of the county jail based on the
  361  contracting county’s most recent annual adult male custody or
  362  adult female custody per diem rates;
  363         c. Require that inmates sentenced to a county jail receive
  364  substantially equivalent services and programming as are
  365  provided by the Department of Corrections in accordance with
  366  chapter 944, including, but not limited to, educational
  367  programing, vocational training, faith- and character-based
  368  programming, health services, mental health treatment and
  369  counseling, substance abuse treatment and counseling, and
  370  transitional services;
  371         d. Specify the services and programming the county will
  372  provide to the inmates in accordance with sub-subparagraph c.;
  373         e. Authorize a county jail to contract with a privately
  374  operated community release and transition center to provide the
  375  required services and programming to any inmates sentenced to a
  376  county jail;
  377         f. Establish regular intervals that the county jail and
  378  Department of Corrections must share information related to an
  379  inmate sentenced to a county jail under this section, including,
  380  but not limited to, an inmate’s confinement status and any
  381  information related to the calculation of a tentative release
  382  date; and
  383         g. Require the county jail provide documentation to verify
  384  the expenses related to an inmate sentenced to a county jail
  385  under this section, including, but not limited to, the number of
  386  days an inmate is in the custody of the county jail.
  387         (f)A contract executed under this section is contingent
  388  upon an appropriation by the Legislature for the specific
  389  purpose of funding state inmates housed in county facilities.
  390  Contracts must be awarded by the Department of Corrections on a
  391  first-come, first-served basis up to the maximum appropriation
  392  allowable. For purposes of this section, “maximum appropriation
  393  allowable” means the sum of the appropriations made by the
  394  Legislature to fund state inmates housed in county facilities
  395  and the net amount of appropriations transferred to or from the
  396  State Inmates Housed in County Jail appropriation category for
  397  contracts entered into under this section and s. 944.172.
  398         (g)Each time the Department of Corrections executes a
  399  contract pursuant to this section, the Department of Corrections
  400  shall transfer funds, consistent with the requirements of
  401  chapter 216, from other appropriation categories within the
  402  Adult Male Custody Operations or the Adult and Youthful Offender
  403  Female Custody Operations budget entities to the State Inmates
  404  Housed in County Jail appropriation category in an amount
  405  necessary to satisfy the requirements of each executed contract,
  406  but not to exceed the Department of Corrections’ average total
  407  per diem published for the preceding fiscal year for adult male
  408  custody or adult and youthful offender female custody inmates
  409  for each county jail bed contracted. Before any appropriation is
  410  transferred to the State Inmates Housed in County Jail
  411  appropriation category, the Department of Corrections shall
  412  estimate the appropriation amount that is obligated for the
  413  county jail beds contracted under this section and s. 944.172 to
  414  estimate the amount in which these obligations exceed the
  415  Department of Corrections’ per diem for adult male and female
  416  inmates.
  417         (h)Each time a contract executed pursuant to this section
  418  ends, the Department of Corrections shall transfer funds,
  419  consistent with the requirements of chapter 216, from the State
  420  Inmates Housed in County Jail appropriation category to the
  421  other appropriation categories within the Adult Male Custody
  422  Operations or the Adult and Youthful Offender Female Custody
  423  Operations budget entities. Such transfer may not exceed the
  424  Department of Corrections’ average total per diem published for
  425  the preceding fiscal year for adult male custody or adult and
  426  youthful offender female custody inmates for each county jail
  427  bed contracted.
  428         (i) The Department of Corrections shall assume maximum
  429  annual value of each contract entered into under this section
  430  and s. 944.172 when determining the full use of funds
  431  appropriated to ensure that the maximum appropriation allowable
  432  is not exceeded.
  433         (j)All contractual per diem rates under this section and
  434  all per diem rates used by the Department of Corrections must be
  435  validated by the Auditor General before payments are made.
  436         Section 3. Section 944.172, Florida Statutes, is created to
  437  read:
  438         944.172 Housing of an inmate in a county jail.—
  439         (1)(a)An inmate committed to the custody of the department
  440  who has less than 24 months remaining on his or her sentence may
  441  be transferred for the remainder of the term of imprisonment to
  442  a county jail in the county where he or she will reside upon
  443  release.
  444         (b)1. Notwithstanding s. 947.149 and regardless of the
  445  length of imprisonment remaining on an inmate’s sentence, a
  446  terminally ill inmate that has less than 12 months to live may
  447  be transferred to a county jail in the county where his or her
  448  family resides for the remainder of the term of his or her
  449  imprisonment or life, whichever occurs first. For purposes of
  450  this section, “terminally ill inmate” means an inmate who has a
  451  condition caused by injury, disease, or illness which, to a
  452  reasonable degree of medical certainty, renders the inmate
  453  terminally ill to the extent that there can be no recovery and
  454  death is expected within 12 months.
  455         2.A terminally ill inmate transferred to a county jail
  456  does not have to be reviewed and approved by the Florida
  457  Commission on Offender Review in accordance with s. 947.149.
  458  However, an inmate transferred under this paragraph is still
  459  eligible to be subsequently released from the county jail on
  460  conditional medical release pursuant to s. 947.149.
  461         (c) Any inmate transferred to a county jail under this
  462  section remains under the jurisdiction of the department.
  463         (2)Except as provided for in s. 947.149, an inmate
  464  transferred to a county jail under this section shall be
  465  afforded the same or substantially equivalent opportunity to
  466  earn gain-time or other sentence credit, but may not receive
  467  gain-time or other sentence credit in an amount that would cause
  468  the inmate’s sentence to expire, end, or terminate, or that
  469  would result in the inmate’s release, prior to serving a minimum
  470  of 85 percent of the sentence imposed.
  471         (3)(a) An inmate may only be transferred to a county jail
  472  under this section if there is a contractual agreement between
  473  the chief correctional officer of that county and the
  474  department.
  475         (b)The department shall enter into a contract that allows
  476  inmates to be transferred to a county jail pursuant to this
  477  section if the chief correctional officer of a county requests
  478  the department to enter into such contract.
  479         (c) The contract must:
  480         1. Establish the maximum number of beds and the validated
  481  per diem rate;
  482         2. Provide a per diem reimbursement rate for the days an
  483  inmate is in the custody of the county jail based on the
  484  contracting county’s most recent annual adult male custody or
  485  adult female custody per diem rates;
  486         3.Specify whether the county will accept the transfer of a
  487  terminally ill inmate;
  488         4. Designate the categories of inmate classification or
  489  security level that will be accepted for transfer;
  490         5. Provide for the delivery and retaking of inmates;
  491         6. Require that inmates transferred to a county jail
  492  receive substantially equivalent services and programming as are
  493  provided by the department in accordance with chapter 944,
  494  including, but not limited to, educational programing,
  495  vocational training, faith- and character-based programming,
  496  health services, mental health treatment and counseling,
  497  substance abuse treatment and counseling, and transitional
  498  services;
  499         7. Specify the services and programming the county will
  500  provide to the inmates in accordance with subparagraph 6.;
  501         8. Authorize a county jail to contract with a privately
  502  operated community release and transition center to provide the
  503  required services and programming to any inmates transferred to
  504  a county jail;
  505         9. Establish regular intervals that the county jail and the
  506  department must share information related to an inmate
  507  transferred to a county jail under this section, including, but
  508  not limited to, an inmate’s confinement status and any
  509  information related to the calculation of a tentative release
  510  date; and
  511         10. Require the county jail to provide documentation to
  512  verify expenses related to an inmate transferred to a county
  513  jail under this section, including, but not limited to, the
  514  number of days an inmate is in the custody of the county jail.
  515         (4) The department shall transfer any inmate that is
  516  eligible under subsection (1) if the inmate also qualifies under
  517  the contractual terms mutually agreed to by the department and
  518  the designated county of release.
  519         (5) An inmate may request to be transferred back to a
  520  department facility if he or she is not receiving the services
  521  and programming that are substantially equivalent to those that
  522  are available in a department facility, including, but not
  523  limited to, educational programing, vocational training, faith-
  524  and character-based programming, health services, mental health
  525  treatment and counseling, substance abuse treatment and
  526  counseling, and transitional services.
  527         (6) The inmate shall be transferred back to a department
  528  facility to serve the remainder of his or her sentence in the
  529  event a contract between the chief correctional officer and the
  530  department expires, terminates, or is not renewed during an
  531  inmate’s imprisonment in the county jail.
  532         (7)(a) A contract executed under this section is contingent
  533  upon an appropriation by the Legislature for the specific
  534  purpose of funding state inmates housed in county facilities.
  535  Contracts must be awarded by the department on a first-come,
  536  first-served basis up to the maximum appropriation allowable.
  537  For purposes of this section, “maximum appropriation allowable”
  538  means the sum of the appropriations made by the Legislature to
  539  fund state inmates housed in county facilities and the net
  540  amount of appropriations transferred to or from the State
  541  Inmates Housed in County Jail appropriation category for
  542  contracts entered into under this section and s. 921.188.
  543         (b)Each time the department executes a contract pursuant
  544  to this section, the department shall transfer funds, consistent
  545  with the requirements of chapter 216, from other appropriation
  546  categories within the Adult Male Custody Operations or the Adult
  547  and Youthful Offender Female Custody Operations budget entities
  548  to the State Inmates Housed in County Jail appropriation
  549  category in an amount necessary to satisfy the requirements of
  550  each executed contract, but not to exceed the department’s
  551  average total per diem published for the preceding fiscal year
  552  for adult male custody or adult and youthful offender female
  553  custody inmates for each county jail bed contracted. Before any
  554  appropriation is transferred to the State Inmates Housed in
  555  County Jail appropriation category, the department shall
  556  estimate the appropriation amount that is obligated for the
  557  county jail beds contracted under this section and s. 921.188 to
  558  estimate the amount in which these obligations exceed the
  559  department’s per diem for adult male and female inmates.
  560         (c)Each time a contract executed pursuant to this section
  561  ends, the department shall transfer funds, consistent with the
  562  requirements of chapter 216, from the State Inmates Housed in
  563  County Jail appropriation category to the other appropriation
  564  categories within the Adult Male Custody Operations or the Adult
  565  and Youthful Offender Female Custody Operations budget entities.
  566  Such transfer may not exceed the department’s average total per
  567  diem published for the preceding fiscal year for adult male
  568  custody or adult and youthful offender female custody inmates
  569  for each county jail bed contracted.
  570         (d) The department shall assume maximum annual value of
  571  each contract entered into under this section and s. 921.188
  572  when determining the full use of funds appropriated to ensure
  573  that the maximum appropriation allowable is not exceeded.
  574         (e)All contractual per diem rates under this section and
  575  all per diem rates used by the department must be validated by
  576  the Auditor General before payments are made.
  577         (8) The department may adopt rules to administer this
  578  section.
  579         Section 4. Paragraph (d) is added to subsection (1) of
  580  section 945.091, Florida Statutes, to read:
  581         945.091 Extension of the limits of confinement; restitution
  582  by employed inmates.—
  583         (1) The department may adopt rules permitting the extension
  584  of the limits of the place of confinement of an inmate as to
  585  whom there is reasonable cause to believe that the inmate will
  586  honor his or her trust by authorizing the inmate, under
  587  prescribed conditions and following investigation and approval
  588  by the secretary, or the secretary’s designee, who shall
  589  maintain a written record of such action, to leave the confines
  590  of that place unaccompanied by a custodial agent for a
  591  prescribed period of time to:
  592         (d) Participate in supervised community release as
  593  prescribed by the department by rule. The inmate’s participation
  594  may begin 90 days before his or her provisional or tentative
  595  release date. Such supervised community release must include
  596  electronic monitoring and community control as defined in s.
  597  948.001. The department must administer a risk assessment
  598  instrument to appropriately determine an inmate’s ability to be
  599  released pursuant to this paragraph.
  600         1.If a participating inmate fails to comply with the
  601  conditions prescribed by the department by rule for supervised
  602  community release, the department may terminate the inmate’s
  603  supervised community release and return him or her to the same
  604  or another institution designated by the department. A law
  605  enforcement officer or a probation officer may arrest the inmate
  606  without a warrant in accordance with s. 948.06, if there are
  607  reasonable grounds to believe he or she has violated the terms
  608  and conditions of supervised community release. The law
  609  enforcement officer or probation officer must report the
  610  inmate’s alleged violations to a correctional officer for
  611  disposition of disciplinary charges as prescribed by the
  612  department by rule.
  613         2.An inmate participating in supervised community release
  614  under this paragraph remains eligible to earn or lose gain-time
  615  in accordance with s. 944.275 and department rule, but may not
  616  receive gain-time or other sentence credit in an amount that
  617  would cause his or her sentence to expire, end, or terminate, or
  618  that would result in his or her release, before serving a
  619  minimum of 85 percent of the sentence imposed. The inmate may
  620  not be counted in the population of the prison system and the
  621  inmate’s approved community-based housing location may not be
  622  counted in the capacity figures for the prison system.
  623         Section 5. Subsection (6) of section 947.149, Florida
  624  Statutes, is renumbered as subsection (7), and a new subsection
  625  (6) is added to that section, to read:
  626         947.149 Conditional medical release.—
  627         (6) An inmate transferred to a county jail pursuant to s.
  628  944.172(1)(b) does not have to be reviewed and approved by the
  629  commission in accordance with this section and such transfer
  630  does not exclude the inmate from subsequently being released
  631  from imprisonment in accordance with this section.
  632         Section 6. Section 948.33, Florida Statutes, is created to
  633  read:
  634         948.33Prosecution for violation of probation and community
  635  control arrest warrants of state prisoners.—A prisoner in a
  636  state prison in this state who has an unserved violation of
  637  probation or an unserved violation of community control warrant
  638  for his or her arrest may file a state prisoner’s notice of
  639  unserved warrant in the circuit court of the judicial circuit in
  640  which the unserved warrant was issued. The prisoner must also
  641  serve notice on the state attorney of that circuit. The circuit
  642  court shall schedule the notice for a status hearing within 90
  643  days after receipt of the notice. The state prisoner may not be
  644  transported to the status hearing. At the status hearing, the
  645  state attorney shall inform the court as to whether there is an
  646  unserved violation of probation warrant or an unserved violation
  647  of community control warrant for the arrest of the state
  648  prisoner. If a warrant for either violation exists, the court
  649  must enter an order within 30 days after the status hearing for
  650  the transport of the state prisoner to the county jail of the
  651  county that issued the warrant for prosecution of the violation,
  652  and the court shall send the order to the county sheriff for
  653  execution.
  654         Section 7. This act shall take effect October 1, 2018.

feedback