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. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 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
EffectiveJune 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.