Florida Senate - 2018                              CS for SB 484
       By the Committee on Criminal Justice; and Senator Bradley
       591-01284A-18                                          2018484c1
    1                        A bill to be entitled                      
    2         An act relating to sentencing; amending s. 921.188,
    3         F.S.; authorizing a court to sentence offenders to a
    4         county jail for up to 24 months under certain
    5         circumstances for offenses committed after a specified
    6         date; requiring sentencing conditions; prohibiting an
    7         offender from receiving gain-time or other sentence
    8         credit that would result in the offender serving less
    9         than 85 percent of his or her sentence; providing that
   10         contracts are contingent upon an appropriation;
   11         providing contractual requirements; requiring specific
   12         appropriations; providing for such appropriations;
   13         requiring the validation of per diem rates before
   14         payments are made; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 921.188, Florida Statutes, is amended to
   19  read:
   20         921.188 Placement of certain state inmates in local
   21  detention facilities.—
   22         (1) For offenses committed on or after Effective June 17,
   23  1993 and before July 1, 2018, notwithstanding the provisions of
   24  ss. 775.08, former 921.001, 921.002, 921.187, 944.02, and
   25  951.23, or any other law to the contrary, a person whose
   26  presumptive sentence is 1 year and 1 day up to 22 months in a
   27  state correctional institution may be placed by the court into
   28  the custody of a local detention facility as a condition of
   29  probation or community control for a felony offense contained in
   30  sentencing guidelines categories five through nine contained in
   31  Rules 3.701 and 3.988, Florida Rules of Criminal Procedure, or
   32  similar levels described in s. 921.0022, except for such person
   33  whose total sentence points are greater than 52 or less than 40.
   34  The court may place such person for the duration of the
   35  presumptive sentence. The court may only place a person in a
   36  local detention facility pursuant to this section if there is a
   37  contractual agreement between the chief correctional officer of
   38  that county and the Department of Corrections. The contract may
   39  include all operational functions, or only housing wherein the
   40  department would provide staffing and medical costs. The
   41  agreement must provide for a per diem or partial per diem
   42  reimbursement for each person placed under this section, which
   43  is payable by the Department of Corrections for the duration of
   44  the offender’s placement in the facility. The full per diem
   45  reimbursement may not exceed the per diem published in the
   46  Department of Corrections’ most recent annual report for total
   47  department facilities. This section does not limit the court’s
   48  ability to place a person in a local detention facility for less
   49  than 1 year.
   50         (2)(a) For offenses committed on or after July 1, 2018,
   51  notwithstanding ss. 775.08 and 921.0024 or any other provision
   52  of law, a court may sentence an offender to a term in the county
   53  jail in the county where the offense was committed for up to 24
   54  months if the offender meets all of the following criteria:
   55         1.The offender’s total sentence points score, as provided
   56  in s. 921.0024, is more than 44 points but no more than 60
   57  points.
   58         2.The offender’s primary offense is not a forcible felony
   59  as defined in s. 776.08, except that an offender whose primary
   60  offense is a felony of the third degree under chapter 810 is
   61  eligible to be sentenced to a county jail under this subsection.
   62         3.The offender’s primary offense is not punishable by a
   63  minimum mandatory sentence of more than 24 months.
   64         (b)As a condition of the sentence, the court shall order
   65  that the offender:
   66         1. Be placed under the jurisdiction of the Department of
   67  Corrections; and
   68         2. Serve the remainder of his or her sentence in a
   69  Department of Corrections facility in the event a contract
   70  between the chief correctional officer and the Department of
   71  Corrections expires, terminates, or is not renewed during an
   72  offender’s sentence term.
   73         (c) An offender sentenced to county jail under this section
   74  may not receive gain-time or other sentence credit in an amount
   75  that would cause his or her sentence to expire, end, or
   76  terminate, or that would result in his or her release, before
   77  serving a minimum of 85 percent of the sentence imposed.
   78         (d)1.A court may only sentence an offender to a county
   79  jail pursuant to this section if there is a contractual
   80  agreement between the chief correctional officer of that county
   81  and the Department of Corrections.
   82         2.If the chief correctional officer of a county requests
   83  the Department of Corrections to enter into a contract that
   84  allows offenders to be sentenced to the county jail pursuant to
   85  paragraph (a), subject to the restrictions imposed in this
   86  paragraph and paragraphs (e) and (h), the Department of
   87  Corrections must enter into such a contract. The contract must
   88  specifically establish the maximum number of beds and the
   89  validated per diem rate. The contract must provide for per diem
   90  reimbursement for occupied inmate days based on the contracting
   91  county’s most recent annual adult male custody or adult female
   92  custody per diem rates, not to exceed $60 per inmate.
   93         (e)A contract under this section is contingent upon a
   94  specific appropriation in the General Appropriations Act.
   95  Contracts must be awarded by the Department of Corrections on a
   96  first-come, first-served basis up to the maximum appropriation
   97  allowable in the General Appropriations Act for this purpose.
   98  The maximum appropriation allowable consists of funds
   99  appropriated in or transferred to the specific appropriation in
  100  the Inmates Sentenced to County Jail appropriation category.
  101  Before any transferred appropriation under this section, the
  102  Inmates Sentenced to County Jail appropriation category provides
  103  for estimated incremental appropriation for county jail beds
  104  contracted under this section in excess of the Department of
  105  Corrections’ per diem for adult male and female inmates.
  106         (f)The Department of Corrections shall transfer funds
  107  pursuant to s. 216.177 from other appropriation categories
  108  within the Adult Male Custody Operations or the Adult and
  109  Youthful Offender Female Custody Operations budget entities to
  110  the Inmates Sentenced to County Jail appropriation category in
  111  an amount necessary to satisfy the requirements of each executed
  112  contract, but not to exceed the Department of Corrections’
  113  average total per diem published for the preceding fiscal year
  114  for adult male custody or adult and youthful offender female
  115  custody inmates for each county jail bed contracted.
  116         (g)The Department of Corrections shall assume maximum
  117  annual value of each contract when determining the full use of
  118  funds appropriated to ensure that the maximum appropriation
  119  allowable is not exceeded.
  120         (h)All contractual per diem rates under this section and
  121  all per diem rates used by the Department of Corrections must be
  122  validated by the Auditor General before payments are made.
  123         Section 2. This act shall take effect July 1, 2018.