Florida Senate - 2018                                     SB 484
       By Senator Bradley
       5-00300-18                                             2018484__
    1                        A bill to be entitled                      
    2         An act relating to sentencing; creating s. 950.021,
    3         F.S.; authorizing a court to sentence certain
    4         offenders to a county jail for up to 24 months if the
    5         county has a contract with the Department of
    6         Corrections; prohibiting an offender from receiving
    7         gain-time or other sentence credit that would result
    8         in the offender serving less than 85 percent of the
    9         offender’s sentence; providing contractual
   10         requirements; requiring specific appropriations;
   11         providing for such appropriations; requiring
   12         validation of per diem rates; providing an effective
   13         date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 950.021, Florida Statutes, is created to
   18  read:
   19         950.021Sentencing of offenders to county jail.—
   20         (1)Notwithstanding s. 921.0024 or any other provision of
   21  law, and effective for offenses committed on or after July 1,
   22  2018, a court may sentence an offender to a term in the county
   23  jail in the county where the offense was committed for up to 24
   24  months if the offender meets all of the following criteria:
   25         (a)The offender’s total sentence points score, as provided
   26  in s. 921.0024, is more than 44 points but no more than 60
   27  points.
   28         (b)The offender’s primary offense is not a forcible felony
   29  as defined in s. 776.08, except that an offender whose primary
   30  offense is a third degree felony under chapter 810 is eligible
   31  to be sentenced to a county jail under this subsection.
   32         (c)The offender’s primary offense is not punishable by a
   33  minimum mandatory sentence of more than 24 months.
   34         (2)An offender sentenced to county jail under this section
   35  may not receive gain-time or other sentence credit in an amount
   36  that would cause the offender’s sentence to expire, end, or
   37  terminate, or that would result in the offender’s release, prior
   38  to serving a minimum of 85 percent of the sentence imposed.
   39         (3)(a)A court may only sentence an offender to a county
   40  jail pursuant to this section if there is a contractual
   41  agreement between the chief correctional officer of that county
   42  and the Department of Corrections.
   43         (b)If the chief correctional officer of a county requests
   44  the Department of Corrections to enter into a contract that
   45  allows offenders to be sentenced to the county jail pursuant to
   46  subsection (1), subject to the restrictions of this paragraph
   47  and subsections (4) and (7), the Department of Corrections must
   48  enter into such a contract. The contract must specifically
   49  establish the maximum number of beds and the validated per diem
   50  rate. The contract must provide for per diem reimbursement for
   51  occupied inmate days based on the contracting county’s most
   52  recent annual adult male custody or adult female custody per
   53  diem rates, not to exceed $60 per inmate.
   54         (4)A contract under this section is contingent upon a
   55  specific appropriation in the General Appropriations Act.
   56  Contracts must be awarded by the Department of Corrections on a
   57  first-come, first-served basis up to the maximum appropriation
   58  allowable in the General Appropriations Act for this purpose.
   59  The maximum appropriation allowable consists of funds
   60  appropriated in or transferred to the specific appropriation in
   61  the Inmates Sentenced to County Jail appropriation category.
   62  Prior to any transferred appropriation under this section, the
   63  Inmates Sentenced to County Jail appropriation category provides
   64  for estimated incremental appropriation for county jail beds
   65  contracted under this section in excess of the Department of
   66  Corrections’ per diem for adult male and female inmates.
   67         (5)The Department of Corrections shall transfer funds
   68  pursuant to s. 216.177 from other appropriation categories
   69  within the Adult Male Custody Operations or Adult and Youthful
   70  Offender Female Custody Operations budget entities to the
   71  Inmates Sentenced to County Jail appropriation category in an
   72  amount necessary to satisfy the requirements of each executed
   73  contract, but not to exceed the Department of Corrections’
   74  average total per diem published for the preceding fiscal year
   75  for adult male custody or adult and youthful offender female
   76  custody inmates for each county jail bed contracted.
   77         (6)The Department of Corrections shall assume maximum
   78  annual value of each contract when determining the full use of
   79  funds appropriated to ensure that the maximum appropriation
   80  allowable is not exceeded.
   81         (7)All contractual per diem rates under this section and
   82  all per diem rates used by the Department of Corrections must be
   83  validated by the Auditor General before payments are made.
   84         Section 2. This act shall take effect July 1, 2018.