Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 484 Ì424720vÎ424720 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 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
EffectiveJune 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 111 112 ================= 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.