Bill Text: FL S0636 | 2022 | Regular Session | Introduced


Bill Title: State-Operated Institutions Inmate Welfare Trust Fund

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2022-03-14 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0636 Detail]

Download: Florida-2022-S0636-Introduced.html
       Florida Senate - 2022                                     SB 636
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00655A-22                                            2022636__
    1                        A bill to be entitled                      
    2         An act relating to the State-Operated Institutions
    3         Inmate Welfare Trust Fund; amending s. 945.215, F.S.;
    4         increasing the maximum amount of funds that may be
    5         deposited into the trust fund in a fiscal year; adding
    6         environmental health upgrades to Department of
    7         Corrections facilities as a permissible use for funds
    8         in the trust fund; reenacting ss. 944.516(5),
    9         944.73(2), and 946.002(4)(b), F.S., relating to the
   10         disposition of unclaimed funds, the State-Operated
   11         Institutions Inmate Welfare Trust Fund, and forfeiture
   12         of a prisoner’s earned funds, respectively, to
   13         incorporate the amendment made to s. 945.215, F.S., in
   14         references thereto; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraphs (b) and (c) of subsection (2) of
   19  section 945.215, Florida Statutes, are amended to read:
   20         945.215 Inmate welfare and employee benefit trust funds.—
   21         (2) STATE-OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.—
   22         (b) Deposits into the trust fund may not exceed a total of
   23  $30 $2.5 million in any fiscal year. Any proceeds or funds that
   24  would cause deposits into the trust fund to exceed this limit
   25  must be deposited into the General Revenue Fund.
   26         (c) Funds in the trust fund shall be used exclusively to
   27  provide for or operate any of the following at correctional
   28  facilities operated by the department:
   29         1. Literacy programs, vocational training programs, and
   30  educational programs.
   31         2. Inmate chapels, faith-based programs, visiting
   32  pavilions, visiting services and programs, family services and
   33  programs, and libraries.
   34         3. Inmate substance abuse treatment programs and transition
   35  and life skills training programs.
   36         4. The purchase, rental, maintenance, or repair of
   37  electronic or audiovisual equipment, media, services, and
   38  programming used by inmates.
   39         5. The purchase, rental, maintenance, or repair of
   40  recreation and wellness equipment.
   41         6. The purchase, rental, maintenance, or repair of bicycles
   42  used by inmates traveling to and from employment in the work
   43  release program authorized under s. 945.091(1)(b).
   44         7.Environmental health upgrades to facilities, to include
   45  fixed capital outlay repairs and maintenance that would improve
   46  environmental conditions of the correctional facilities.
   47         Section 2. For the purpose of incorporating the amendment
   48  made by this act to section 945.215, Florida Statutes, in a
   49  reference thereto, subsection (5) of section 944.516, Florida
   50  Statutes, is reenacted to read:
   51         944.516 Money or other property received for personal use
   52  or benefit of inmate; deposit; disposition of unclaimed trust
   53  funds.—The Department of Corrections shall protect the financial
   54  interest of the state with respect to claims which the state may
   55  have against inmates in state institutions under its supervision
   56  and control and shall administer money and other property
   57  received for the personal benefit of such inmates. In carrying
   58  out the provisions of this section, the department may delegate
   59  any of its enumerated powers and duties affecting inmates of an
   60  institution to the warden or regional director who shall
   61  personally, or through designated employees of his or her
   62  personal staff under his or her direct supervision, exercise
   63  such powers or perform such duties.
   64         (5) When an inmate is transferred between department
   65  facilities, is released from the custody of the department,
   66  dies, or escapes during incarceration, and the inmate has an
   67  unexpended inmate trust fund account balance of less than $1,
   68  that balance shall be transferred to the State-Operated
   69  Institutions Inmate Welfare Trust Fund or, as provided in s.
   70  945.215(2)(b), into the General Revenue Fund.
   71         Section 3. For the purpose of incorporating the amendment
   72  made by this act to section 945.215, Florida Statutes, in a
   73  reference thereto, subsection (2) of section 944.73, Florida
   74  Statutes, is reenacted to read:
   75         944.73 State-Operated Institutions Inmate Welfare Trust
   76  Fund.—
   77         (2) Moneys shall be deposited and the expenditures made
   78  from the trust fund as provided in s. 945.215.
   79         Section 4. For the purpose of incorporating the amendment
   80  made by this act to section 945.215, Florida Statutes, in a
   81  reference thereto, paragraph (b) of subsection (4) of section
   82  946.002, Florida Statutes, is reenacted to read:
   83         946.002 Requirement of labor; compensation; amount;
   84  crediting of account of prisoner; forfeiture; civil rights;
   85  prisoner not employee or entitled to compensation insurance
   86  benefits.—
   87         (4)
   88         (b) When any prisoner escapes, the department shall
   89  determine what portion of the prisoner’s earnings shall be
   90  forfeited, and such forfeiture shall be deposited in the State
   91  Treasury in the State-Operated Institutions Inmate Welfare Trust
   92  Fund of the department or, as provided in s. 945.215(2)(b), into
   93  the General Revenue Fund.
   94         Section 5. This act shall take effect July 1, 2022.

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