Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 484
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 921.188, Florida Statutes, is amended to
    6  read:
    7         921.188 Placement of certain state inmates in local
    8  detention facilities.—
    9         (1) For offenses committed on or after Effective June 17,
   10  1993 and before July 1, 2018, notwithstanding the provisions of
   11  ss. 775.08, former 921.001, 921.002, 921.187, 944.02, and
   12  951.23, or any other law to the contrary, a person whose
   13  presumptive sentence is 1 year and 1 day up to 22 months in a
   14  state correctional institution may be placed by the court into
   15  the custody of a local detention facility as a condition of
   16  probation or community control for a felony offense contained in
   17  sentencing guidelines categories five through nine contained in
   18  Rules 3.701 and 3.988, Florida Rules of Criminal Procedure, or
   19  similar levels described in s. 921.0022, except for such person
   20  whose total sentence points are greater than 52 or less than 40.
   21  The court may place such person for the duration of the
   22  presumptive sentence. The court may only place a person in a
   23  local detention facility pursuant to this section if there is a
   24  contractual agreement between the chief correctional officer of
   25  that county and the Department of Corrections. The contract may
   26  include all operational functions, or only housing wherein the
   27  department would provide staffing and medical costs. The
   28  agreement must provide for a per diem or partial per diem
   29  reimbursement for each person placed under this section, which
   30  is payable by the Department of Corrections for the duration of
   31  the offender’s placement in the facility. The full per diem
   32  reimbursement may not exceed the per diem published in the
   33  Department of Corrections’ most recent annual report for total
   34  department facilities. This section does not limit the court’s
   35  ability to place a person in a local detention facility for less
   36  than 1 year.
   37         (2)(a) For offenses committed on or after July 1, 2018,
   38  notwithstanding ss. 775.08 and 921.0024 or any other provision
   39  of law, a court may sentence an offender to a term in the county
   40  jail in the county where the offense was committed for up to 24
   41  months if the offender meets all of the following criteria:
   42         1.The offender’s total sentence points score, as provided
   43  in s. 921.0024, is more than 44 points but no more than 60
   44  points.
   45         2.The offender’s primary offense is not a forcible felony
   46  as defined in s. 776.08, except that an offender whose primary
   47  offense is a third degree felony under chapter 810 is eligible
   48  to be sentenced to a county jail under this subsection.
   49         3.The offender’s primary offense is not punishable by a
   50  minimum mandatory sentence of more than 24 months.
   51         (b)As a condition of the sentence, the court shall order
   52  that an offender will:
   53         1. Be under the jurisdiction of the Department of
   54  Corrections.
   55         2. Serve the remainder of his or her sentence in a
   56  Department of Corrections facility in the event a contract
   57  between the chief correctional officer and the Department of
   58  Corrections expires, terminates, or is not renewed during an
   59  offender's sentence term.
   60         (c) An offender sentenced to county jail under this section
   61  may not receive gain-time or other sentence credit in an amount
   62  that would cause the offender’s sentence to expire, end, or
   63  terminate, or that would result in the offender’s release, prior
   64  to serving a minimum of 85 percent of the sentence imposed.
   65         (d)1.A court may only sentence an offender to a county
   66  jail pursuant to this section if there is a contractual
   67  agreement between the chief correctional officer of that county
   68  and the Department of Corrections.
   69         2.If the chief correctional officer of a county requests
   70  the Department of Corrections to enter into a contract that
   71  allows offenders to be sentenced to the county jail pursuant to
   72  subsection (1), subject to the restrictions of this paragraph
   73  and subsections (4) and (7), the Department of Corrections must
   74  enter into such a contract. The contract must specifically
   75  establish the maximum number of beds and the validated per diem
   76  rate. The contract must provide for per diem reimbursement for
   77  occupied inmate days based on the contracting county’s most
   78  recent annual adult male custody or adult female custody per
   79  diem rates, not to exceed $60 per inmate.
   80         (e)A contract under this section is contingent upon a
   81  specific appropriation in the General Appropriations Act.
   82  Contracts must be awarded by the Department of Corrections on a
   83  first-come, first-served basis up to the maximum appropriation
   84  allowable in the General Appropriations Act for this purpose.
   85  The maximum appropriation allowable consists of funds
   86  appropriated in or transferred to the specific appropriation in
   87  the Inmates Sentenced to County Jail appropriation category.
   88  Prior to any transferred appropriation under this section, the
   89  Inmates Sentenced to County Jail appropriation category provides
   90  for estimated incremental appropriation for county jail beds
   91  contracted under this section in excess of the Department of
   92  Corrections’ per diem for adult male and female inmates.
   93         (f)The Department of Corrections shall transfer funds
   94  pursuant to s. 216.177 from other appropriation categories
   95  within the Adult Male Custody Operations or Adult and Youthful
   96  Offender Female Custody Operations budget entities to the
   97  Inmates Sentenced to County Jail appropriation category in an
   98  amount necessary to satisfy the requirements of each executed
   99  contract, but not to exceed the Department of Corrections’
  100  average total per diem published for the preceding fiscal year
  101  for adult male custody or adult and youthful offender female
  102  custody inmates for each county jail bed contracted.
  103         (g)The Department of Corrections shall assume maximum
  104  annual value of each contract when determining the full use of
  105  funds appropriated to ensure that the maximum appropriation
  106  allowable is not exceeded.
  107         (h)All contractual per diem rates under this section and
  108  all per diem rates used by the Department of Corrections must be
  109  validated by the Auditor General before payments are made.
  110         Section 2. This act shall take effect July 1, 2018
  112  ================= T I T L E  A M E N D M E N T ================
  113  And the title is amended as follows:
  114         Delete everything before the enacting clause
  115  and insert:
  116                        A bill to be entitled                      
  117         An act relating to sentencing; amending s. 921.188,
  118         F.S.; authorizing a court to sentence certain
  119         offenders to a county jail for up to 24 months if the
  120         county has a contract with the Department of
  121         Corrections; requiring sentencing conditions;
  122         prohibiting an offender from receiving gain-time or
  123         other sentence credit that would result in the
  124         offender serving less than 85 percent of the
  125         offender’s sentence; providing contractual
  126         requirements; requiring specific appropriations;
  127         providing for such appropriations; requiring
  128         validation of per diem rates; providing an effective
  129         date.