CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Silver moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, lines 20 and 21, delete those lines

15

16  and insert:

17         Section 2.  Section 945.215, Florida Statutes, is

18  amended to read:

19         945.215  Inmate welfare and employee benefit trust

20  funds.--

21         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

22  CORRECTIONS.--

23         (a)  The Inmate Welfare Trust Fund constitutes a trust

24  held by the department for the benefit and welfare of

25  offenders under the jurisdiction of the Department of

26  Corrections. Funds shall be credited to the trust fund as

27  follows:

28         1.  All funds moneys held in any auxiliary, canteen,

29  welfare, or similar fund in any correctional facility state

30  institution under the jurisdiction of the Department of

31  Corrections shall be deposited in the Inmate Welfare Trust

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  Fund of the department, which fund is created in the State

 2  Treasury, to be appropriated annually by the Legislature and

 3  deposited in the Department of Corrections Grants and

 4  Donations Trust Fund.

 5         2.  All net proceeds from operating inmate canteens,

 6  vending machines used primarily by inmates, hobby shops, and

 7  other similar facilities. Funds used to However, moneys

 8  budgeted by the department for the purchase of items for

 9  resale at inmate canteens and or vending machines must be

10  deposited into local bank accounts designated by the

11  department. The department shall submit to the President of

12  the Senate and the Speaker of the House of Representatives by

13  January 1 of each year a report that documents the receipts

14  and expenditures, including a verification of telephone

15  commissions, from the Inmate Welfare Trust Fund for the

16  previous fiscal year. The report must present this information

17  by program, by institution, and by type of receipt.

18         3.  All proceeds from contracted telephone commissions.

19  The department shall develop and update, as necessary,

20  administrative procedures to verify that:

21         a.  Contracted telephone companies accurately record

22  and report all telephone calls made by inmates incarcerated in

23  correctional facilities under the department's jurisdiction;

24         b.  Persons who accept collect calls from inmates are

25  charged the contracted rate; and

26         c.  The department receives the contracted telephone

27  commissions.

28         4.  Any funds that are assigned by inmates or donated

29  to the department by the general public or an inmate service

30  organization. However, the department may not accept any

31  donation from, or on behalf of, any individual inmate.

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1         5.  Repayment of the one-time sum of $500,000

 2  appropriated in the 1996-1997 fiscal year from the Inmate

 3  Welfare Trust Fund for correctional work programs under s.

 4  946.008.

 5         6.  All proceeds from:

 6         a.  The confiscation and liquidation of any contraband

 7  found upon, or in the possession of, any inmate;

 8         b.  Disciplinary fines imposed against inmates;

 9         c.  Forfeiture of inmate earnings; and

10         d.  Unexpended balances in individual inmate trust fund

11  accounts of less than $1.

12         7.  All interest, earnings, and other proceeds derived

13  from the investment of funds deposited into the Inmate Welfare

14  Trust Fund. In the manner authorized by law for fiduciaries,

15  the Secretary of Corrections, or the secretary's designee, may

16  invest any funds in the Inmate Welfare Trust Fund if the

17  secretary determines that such funds are not needed for

18  immediate use.

19         (b)  Funds Beginning with the legislative appropriation

20  for fiscal year 1995-1996 and thereafter, the money in the

21  Inmate Welfare Trust Fund must be used exclusively for the

22  following purposes at correctional facilities under the

23  jurisdiction of the department:

24         1.  To operate inmate canteens and vending machines,

25  including purchasing purchase items for resale at the inmate

26  canteens and or vending machines maintained at the

27  correctional facilities; employing

28         2.  To employ personnel and inmates to manage,

29  supervise, and operate inmate the canteens and vending

30  machines at the correctional facilities; and

31         3.  for paying other operating and fixed-capital outlay

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  expenses associated with operating the operation of inmate

 2  canteens and vending machines.;

 3         2.4.  To employ personnel to manage and supervise the

 4  proceeds from telephone commissions.;

 5         3.  To develop, implement, and maintain the medical

 6  copayment accounting system.

 7         4.5.  To provide literacy programs, vocational training

 8  programs, and educational employ personnel for correctional

 9  education to provide literacy programs, vocational training,

10  and academic programs that comply with standards of the

11  Department of Education, including employing personnel and

12  paying;

13         6.  for other operating and fixed-capital outlay

14  expenses associated with providing such programs. the delivery

15  to inmates of literacy programs, vocational training, and

16  academic programs that comply with standards of the Department

17  of Education;

18         5.7.  To operate inmate chapels, chaplaincy programs,

19  visiting pavilions, libraries, and law libraries, including

20  employing personnel and paying for other For operating and

21  fixed-capital outlay expenses associated with operating the

22  operation of inmate chapels, chaplaincy programs, visiting

23  pavilions, libraries, and law libraries. visiting pavilions;

24         8.  To employ personnel to operate the libraries,

25  chapels, and visiting pavilions;

26         6.9.  For expenses associated with various inmate

27  clubs.;

28         7.10.  For expenses associated with legal services for

29  inmates.;

30         8.11.  To employ personnel to provide inmate substance

31  abuse treatment programs for inmates and programs in and

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  transition and life skills, including employing personnel and

 2  paying training programs; and

 3         12.  for operating and fixed-capital outlay expenses

 4  associated with providing such the delivery of inmate

 5  substance abuse treatment and transition and life skills

 6  training programs.

 7         (c)  The Legislature shall annually appropriate the

 8  funds deposited in the Inmate Welfare Trust Fund. It is the

 9  intent of the Legislature that the total annual expenditures

10  for providing literacy programs, vocational training programs,

11  and educational programs exceed the combined items listed in

12  subparagraphs 5. and 6. must exceed the total annual

13  expenditures for operating inmate chapels, chaplaincy

14  programs, visiting pavilions, libraries, and law libraries;

15  paying for expenses associated with inmate clubs; and

16  providing substance abuse treatment programs and training

17  programs in transition and life skills items listed in

18  subparagraphs 7. through 12.

19         (d)  Funds in the Inmate Welfare Trust Fund or any

20  other fund may not be used to purchase cable television

21  service, to rent or purchase videocassettes, videocassette

22  recorders, or other audiovisual or electronic equipment used

23  primarily for recreation purposes. This paragraph does not

24  preclude the purchase or rental of electronic or audiovisual

25  equipment for inmate training or educational programs.  The

26  department shall develop administrative procedures to verify

27  that contracted telephone commissions are being received, that

28  persons who have accepted collect calls from inmates are being

29  charged the contracted rate, and that contracted telephone

30  companies are accurately and completely recording and

31  reporting all inmate telephone calls made.

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1         (c)  There shall be deposited in the Inmate Welfare

 2  Trust Fund all net proceeds from the operation of canteens,

 3  vending machines, hobby shops, and other such facilities and

 4  any moneys that may be assigned by the inmates or donated to

 5  the department by the general public or an inmate service

 6  organization for deposit in the fund. However, the department

 7  shall refuse to accept any donations from or on behalf of any

 8  individual inmate. The moneys of the fund shall constitute a

 9  trust held by the department for the benefit and welfare of

10  the inmates of the institutions under the jurisdiction of the

11  department.

12         (d)  There shall be deposited in the Inmate Welfare

13  Trust Fund such moneys as constitute repayment of the one-time

14  sum appropriated pursuant to s. 946.008.

15         (e)  Any contraband found upon, or in the possession

16  of, any inmate in any institution under the jurisdiction of

17  the department shall be confiscated and liquidated, and the

18  proceeds thereof shall be deposited in the Inmate Welfare

19  Trust Fund of the department.

20         (f)  The secretary of the department or the secretary's

21  designee may invest in the manner authorized by law for

22  fiduciaries any money in the Inmate Welfare Trust Fund of the

23  department that in his or her opinion is not necessary for

24  immediate use, and the interest earned and other increments

25  derived from such investments made pursuant to this section

26  shall be deposited in the Inmate Welfare Trust Fund of the

27  department.

28         (e)(g)  Items for resale at the inmate canteens and or

29  vending machines maintained at the correctional facilities

30  shall be priced comparatively with like items for retail sale

31  at fair market prices.

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1         (f)(h)  Notwithstanding any other provision of law,

 2  inmates with sufficient balances in their individual inmate

 3  bank trust fund accounts, after all debts against the account

 4  are satisfied, shall be allowed to request a weekly draw of up

 5  to $45 to be expended for personal use on canteen and vending

 6  machine items.

 7         (g)  The department shall annually compile a report

 8  that specifically documents receipts into and expenditures

 9  from the Inmate Welfare Trust Fund for each correctional

10  facility and for all facilities statewide. The department must

11  submit the report for the previous fiscal year by September 1

12  of each year to the appropriate substantive and fiscal

13  committees of the Senate and the House of Representatives and

14  to the Executive Office of the Governor.

15         (2)  INMATE WELFARE FUNDS; PRIVATE CORRECTIONAL

16  FACILITIES.--

17         (a)  As used in this subsection, the term "private

18  correctional facility" means a correctional facility that is

19  operated under a contract with the Correctional Privatization

20  Commission pursuant to chapter 957.

21         (b)1.  It is the intent of the Legislature that net

22  proceeds derived from inmate canteens, vending machines used

23  primarily by inmates, telephone commissions, and similar

24  sources within private correctional facilities, are "inmate

25  welfare funds."

26         2.  It is further the intent of the Legislature that

27  inmate welfare funds be used for programs and services that

28  directly benefit inmates. Such funds must be used exclusively

29  for:

30         a.  Operating inmate canteens and vending machines,

31  including purchasing items for resale at inmate canteens and

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  vending machines; employing personnel and inmates to manage,

 2  supervise, and operate inmate canteens and vending machines;

 3  and paying other operating and fixed-capital outlay expenses

 4  associated with operating inmate canteens and vending

 5  machines.

 6         b.  Employing personnel to manage and supervise the

 7  proceeds from telephone commissions.

 8         c.  Providing literacy programs, vocational training

 9  programs, and educational programs that comply with standards

10  of the Department of Education, including employing personnel

11  and paying other operating and fixed-capital outlay expenses

12  associated with providing such programs.

13         d.  Operating inmate chapels, chaplaincy programs,

14  visiting pavilions, libraries, and law libraries, including

15  employing personnel and paying other operating and

16  fixed-capital outlay expenses associated with operating inmate

17  chapels, chaplaincy programs, visiting pavilions, libraries,

18  and law libraries.

19         e.  Paying expenses associated with various inmate

20  clubs.

21         f.  Paying expenses associated with legal services for

22  inmates.

23         g.  Employing personnel to provide substance abuse

24  treatment programs for inmates and training programs in

25  transition and life skills, including employing personnel and

26  paying other operating and fixed-capital outlay expenses

27  associated with providing such programs.

28

29  It is the intent of the Legislature that total annual

30  expenditures for providing literacy programs, vocational

31  training programs, and educational programs exceed the

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  combined total annual expenditures for operating inmate

 2  chapels, chaplaincy programs, visiting pavilions, libraries,

 3  and law libraries; paying expenses associated with inmate

 4  clubs; and providing substance abuse treatment programs and

 5  training programs in transition and life skills.

 6         (c)  The Correctional Privatization Commission shall

 7  annually compile a report that documents receipts into and

 8  expenditures from the inmate welfare fund at each private

 9  correctional facility. The report must specifically identify

10  the source of the receipts and the expenditures. The

11  Correctional Privatization Commission shall compile the report

12  for the prior fiscal year by September 1 of each year and

13  submit the report to the appropriate substantive and fiscal

14  committees of the Senate and the House of Representatives and

15  to the Executive Office of the Governor.

16         (3)  EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF

17  CORRECTIONS.--

18         (2)(a)  The department may establish an Employee

19  Benefit Trust Fund. Trust fund sources may be derived from any

20  of the following:

21         1.(a)  Proceeds of vending machines or other such

22  services not intended for use by inmates.

23         2.(b)  Donations, except donations by, or on behalf of,

24  an individual inmate.

25         3.(c)  Additional trust funds and grants which may

26  become available.

27         (b)  Funds from the Employee Benefit Trust Fund Such

28  fund shall be maintained and audited separately and apart from

29  the Inmate Welfare Trust Fund.  Portions of the fund may be

30  used to construct, operate, and maintain training and

31  recreation facilities at correctional facilities for the

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  exclusive use of department employees respective institutions.

 2  Such facilities are shall be the property of the department

 3  and must shall provide the maximum benefit to all interested

 4  employees, regardless of gender of both sexes, including

 5  teachers, clerical staff, medical and psychological services

 6  personnel, and officers and administrators.

 7         Section 3.  Section 945.31, Florida Statutes, is

 8  amended to read:

 9         945.31  Restitution and other payments.--The department

10  may establish bank accounts outside the State Treasury for the

11  purpose of collecting and disbursing restitution and other

12  court-ordered payments from persons in its custody or under

13  its supervision, and may collect an administrative processing

14  fee in an amount equal to 4 percent of the gross amounts of

15  such payments. Such administrative processing fee shall be

16  deposited in the department's Operating Grants and Donations

17  Trust Fund and shall be used to offset the cost of the

18  department's services.

19         Section 4.  Subsection (7) of section 944.10, Florida

20  Statutes, is amended to read:

21         944.10  Department of Corrections to provide buildings;

22  sale and purchase of land; contracts to provide services and

23  inmate labor.--

24         (7)  The department may enter into contracts with

25  federal, state, or local governmental entities or subdivisions

26  to provide services and inmate labor for the construction of

27  buildings, parks, roads, any detention or commitment

28  facilities, or any other project deemed to be appropriate by

29  the Department of Corrections, which may include, but is not

30  limited to, the planning, design, site acquisition or

31  preparation, management, or construction of such projects. The

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  department may charge fees for providing such services. All

 2  fees collected must be placed in the Correctional Work Program

 3  Grants and Donations Trust Fund.

 4         Section 5.  Section 945.76, Florida Statutes, is

 5  amended to read:

 6         945.76  Certification and monitoring of batterers'

 7  intervention programs; fees.--

 8         (1)  Pursuant to s. 741.32, the Department of

 9  Corrections may is authorized to assess and collect:

10         (a)  Annual certification fees not to exceed $300 for

11  the certification and monitoring of batterers' intervention

12  programs. certified by the Department of Corrections' Office

13  of Certification and Monitoring of Batterers' Intervention

14  Programs and

15         (b)  A fee of $200 for the certification and monitoring

16  of assessment personnel providing direct services to persons

17  who:

18         1.(a)  Are ordered by the court to participate in a

19  domestic violence prevention program;

20         2.(b)  Are adjudged to have committed an act of

21  domestic violence as defined in s. 741.28;

22         3.(c)  Have an injunction entered for protection

23  against domestic violence; or

24         4.(d)  Agree to attend a program as part of a diversion

25  or pretrial intervention agreement by the offender with the

26  state attorney.

27         (2)  All persons required by the court to attend

28  domestic violence programs certified by the Department of

29  Corrections' Office of Certification and Monitoring of

30  Batterers' Intervention Programs shall pay an additional $30

31  fee for each 29-week program to the Department of Corrections.

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1         (3)  The fees assessed and collected under this section

 2  fee shall be deposited in the department's Operating Grants

 3  and Donations Trust Fund to be used by the department to fund

 4  the cost of certifying and monitoring batterers' intervention

 5  programs.

 6         Section 6.  Subsection (2) of section 948.09, Florida

 7  Statutes, is amended to read:

 8         948.09  Payment for cost of supervision and

 9  rehabilitation.--

10         (2)  Any person being electronically monitored by the

11  department as a result of placement on community control shall

12  be required to pay a $1-per-day surcharge in addition to the

13  cost of supervision fee as directed by the sentencing court.

14  The surcharge shall be deposited in the Operating Grants and

15  Donations Trust Fund to be used by the department for

16  purchasing and maintaining electronic monitoring devices.

17         Section 7.  Subsection (10) of section 951.23, Florida

18  Statutes, is amended to read:

19         951.23  County and municipal detention facilities;

20  definitions; administration; standards and requirements.--

21         (10)  Nothing in This section does not prohibit

22  prohibits the governing board of a county or municipality from

23  entering to enter into an agreement with the Department of

24  Corrections authorizing the department to inspect the local

25  detention facilities under the jurisdiction of the governing

26  body. A governing board of a county or municipality may enter

27  into such agreements with the department upon consultation

28  with the sheriff if the sheriff operates the detention

29  facility. The inspections performed by the department shall be

30  consultatory in nature and for the purpose of advising the

31  local governing bodies concerning compliance with the

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  standards adopted by the detention facility's chief

 2  correctional officer. Such agreements must include, but are

 3  not limited to, provisions for the physical and operational

 4  standards that were adopted by the chief correctional officer

 5  of the detention facility, the manner and frequency of

 6  inspections to be conducted by the department, whether such

 7  inspections are to be announced or unannounced by the

 8  department, the type of access the department may have to the

 9  detention facility, and the amount of payment by the local

10  governing body, if any, for the services rendered by the

11  department. Inspections and access to local detention

12  facilities shall not interfere with custody of inmates or the

13  security of the facilities as determined by the chief

14  correctional officer of each facility. Any fees collected by

15  the department pursuant to such agreements must be deposited

16  into the Operating Grants and Donations Trust Fund and shall

17  be used to pay the cost of the services provided by the

18  department to monitor local detention facilities pursuant to

19  such agreements. This subsection shall be repealed effective

20  October 1, 1999.

21         Section 8.  There is appropriated $550,000 from the

22  Inmate Welfare Trust Fund to the Department of Corrections for

23  the New Horizon Community Mental Health Center's Family

24  Intervention, Preservation, and Support Program for fiscal

25  year 1998-1999.

26         Section 9.  There is appropriated $770,000 from the

27  Inmate Welfare Trust Fund to the Department of Corrections for

28  the fixed capital outlay needs of the AGAPE program in Dade

29  County, including the purchase of new housing units and

30  renovations to existing AGAPE facilities, for fiscal year

31  1998-1999.

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1         Section 10.  This act shall take effect July 1, 1998.

 2

 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         On page 1, lines 2-5, delete those lines

 7

 8  and insert:

 9         An act relating to corrections; amending s.

10         951.23, F.S.; providing a criminal penalty for

11         refusing to obey jail rules and regulations;

12         amending s. 945.215, F.S.; providing for the

13         Inmate Welfare Trust Fund to be for the benefit

14         of inmates in the department's correctional

15         facilities; requiring that certain additional

16         funds be deposited into the trust fund;

17         authorizing the Secretary of Corrections to

18         invest funds in the Inmate Welfare Trust Fund;

19         authorizing the use of moneys in the Inmate

20         Welfare Trust Fund for certain additional

21         purposes; authorizing moneys in the trust fund

22         to be used for operating inmate chapels,

23         chaplaincy programs, visiting pavilions,

24         libraries, and law libraries; providing for the

25         use of the proceeds derived from canteens and

26         similar sources within private correctional

27         facilities; providing legislative intent;

28         requiring that such moneys be used exclusively

29         for specified purposes; revising requirements

30         for the Employee Benefit Trust Fund within the

31         Department of Corrections; amending s. 945.31,

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                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1         F.S.; providing for restitution and other

 2         payments to be deposited into the department's

 3         Operating Trust Fund rather than the Grants and

 4         Donations Trust Fund; amending s. 944.10, F.S.;

 5         providing for certain fees charged by the

 6         department for inmate labor to be deposited

 7         into the Correctional Work Program Trust Fund

 8         rather than the Grants and Donations Trust

 9         Fund; amending ss. 945.76, 948.09, 951.23,

10         F.S.; providing for certain fees assessed by

11         the department against a batterers'

12         intervention program, the surcharge paid to the

13         department for electronic monitoring, and fees

14         paid to the department for inspecting local

15         detention facilities to be deposited into the

16         department's Operating Trust Fund rather than

17         the Grants and Donations Trust Fund; providing

18         an effective date.

19

20

21

22

23

24

25

26

27

28

29

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31

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