Bill Text: FL S0484 | 2018 | Regular Session | Comm Sub
Bill Title: Criminal Justice
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-03-10 - Died on Calendar [S0484 Detail]
Download: Florida-2018-S0484-Comm_Sub.html
Florida Senate - 2018 CS for CS for SB 484 By the Committees on Appropriations; and Criminal Justice; and Senators Bradley and Brandes 576-02716-18 2018484c2 1 A bill to be entitled 2 An act relating to criminal justice; creating s. 3 907.042, F.S.; authorizing each county to create a 4 supervised bond release program; providing legislative 5 findings; providing a supervised bond program must be 6 created with the concurrence of the chief judge, 7 county’s chief correctional officer, state attorney, 8 and public defender; providing an exception to a 9 county that has already established and implemented a 10 supervised bond program that utilizes a risk 11 assessment instrument; providing specified program 12 components; providing guidelines for the risk 13 assessment instrument; authorizing the county to 14 contract with the Department of Corrections to develop 15 or modify a risk assessment instrument if such 16 instrument meets certain requirements; authorizing a 17 county to develop or use an existing risk assessment 18 instrument if validated by the department and such 19 instrument meets certain requirements; authorizing a 20 county to contract with another county for the use of 21 a risk assessment instrument if validated and such 22 instrument meets certain requirements; authorizing the 23 county to contract with an independent entity for use 24 of a risk assessment instrument if validated and such 25 instrument meets certain requirements; specifying 26 requirements for the use, implementation, and 27 distribution of the risk assessment instrument; 28 requiring each county that establishes a supervised 29 bond program to submit a report annually by a certain 30 date to the Office of Program Policy Analysis and 31 Government Accountability (OPPAGA); requiring OPPAGA 32 to compile the reports and include such information in 33 a report sent to the Governor, President of the 34 Senate, and Speaker of the House of Representatives in 35 accordance with s. 907.044, F.S.; amending s. 921.188, 36 F.S.; authorizing a court to sentence offenders to a 37 county jail for up to 24 months under certain 38 circumstances for offenses committed after a specified 39 date; requiring sentencing conditions; prohibiting an 40 offender from receiving gain-time or other sentence 41 credit that would result in the offender serving less 42 than 85 percent of his or her sentence; providing 43 applicability for inmates sentenced to a county jail; 44 providing that contractual agreements between a 45 county’s chief correctional officer and the department 46 are contingent upon an appropriation; providing 47 contractual requirements; requiring specific 48 appropriations; providing for such appropriations; 49 requiring the validation of per diem rates before 50 payments are made; creating s. 944.172, F.S.; 51 authorizing the department to transfer inmates who 52 have less than 24 months remaining on a term of 53 imprisonment to county jail under certain 54 circumstances; authorizing the department to transfer 55 a terminally ill inmate to county jail under certain 56 circumstances; defining the term “terminally ill 57 inmate”; providing that an inmate transferred to 58 county jail earns the same or substantially equivalent 59 opportunities for gain-time or sentence credit; 60 providing an exception; prohibiting an inmate from 61 receiving gain-time or other sentence credit that 62 would result in the inmate serving less than 85 63 percent of his or her sentence; authorizing an inmate 64 to be transferred to a county jail only if there is a 65 contractual agreement between the county’s chief 66 correctional officer and the department; requiring the 67 department to enter into a contract with a county’s 68 chief correctional officer under certain 69 circumstances; providing contractual requirements; 70 authorizing an inmate to request to be transferred 71 back to a department facility under certain 72 circumstances; requiring the transfer of an inmate 73 back to a department facility if a contract expires, 74 terminates, or is not renewed; providing that 75 contracts are contingent upon an appropriation; 76 requiring specific appropriations; defining the term 77 “maximum appropriation allowable”; providing for such 78 appropriations; requiring the validation of per diem 79 rates before payments are made; authorizing the 80 department to adopt rules; amending s. 945.091, F.S.; 81 authorizing the department to extend the limits of 82 confinement to allow an inmate to participate in 83 supervised community release, subject to certain 84 requirements, as prescribed by the department by rule; 85 requiring the department to administer a risk 86 assessment instrument to determine an inmate’s 87 appropriateness for release on electronic monitoring; 88 authorizing the department to terminate an inmate’s 89 participation under certain circumstances; authorizing 90 a law enforcement or a probation officer to arrest 91 such an inmate without a warrant in accordance with 92 specified authority; requiring the law enforcement or 93 probation officer to report alleged violations to a 94 correctional officer for disposition of disciplinary 95 charges as prescribed by the department by rule; 96 providing that participating inmates remain eligible 97 to earn or lose gain-time, but not in an amount that 98 results in an inmate being released prior to serving 99 85 percent of the sentence imposed; providing that 100 such inmates may not be counted in the population of 101 the prison system and that their approved community 102 based housing location may not be counted in the 103 capacity figures for the prison system; amending s. 104 947.149, F.S.; excluding a terminally ill inmate 105 transferred to a county jail from the review and 106 approval process conducted by the Commission on 107 Offender Review; creating s. 948.33, F.S.; authorizing 108 a prisoner in a state prison who has an unserved 109 violation of probation or an unserved violation of 110 community control warrant to file a notice of unserved 111 warrant in the circuit court where the warrant was 112 issued and to serve notice on the state attorney; 113 requiring the circuit court to schedule a status 114 hearing within a certain timeframe after receiving 115 notice; specifying procedures and requirements for the 116 status hearing; providing for prosecution of the 117 violation; requiring that if the court enters an 118 order, it send the order to the county sheriff; 119 providing an effective date. 120 121 Be It Enacted by the Legislature of the State of Florida: 122 123 Section 1. Section 907.042, Florida Statutes, is created to 124 read: 125 907.042 Supervised bond program.— 126 (1) LEGISLATIVE FINDINGS.—The Legislature finds that there 127 is a need to use evidence-based methods to identify defendants 128 that can successfully comply with specified pretrial release 129 conditions. The Legislature finds that the use of actuarial 130 instruments that evaluate criminogenic based needs and classify 131 defendants according to levels of risk provides a more 132 consistent and accurate assessment of a defendant’s risk of 133 noncompliance while on pretrial release pending trial. The 134 Legislature also finds that both the community and a defendant 135 are better served when a defendant, who poses a low risk to 136 society, is provided the opportunity to fulfill employment and 137 familial responsibilities in the community under a structured 138 pretrial release plan that ensures the best chance of remaining 139 compliant with all pretrial conditions rather than remaining in 140 custody. The Legislature finds that there is a benefit to 141 establishing a supervised bond program in each county for the 142 purpose of providing pretrial release to certain defendants who 143 may not otherwise be eligible for pretrial release on 144 unsupervised nonmonetary conditions and who do not have the 145 ability to satisfy the bond imposed by the court. The 146 Legislature finds that the creation of such a program will 147 reduce the likelihood of defendants remaining unnecessarily in 148 custody pending trial. 149 (2) CREATION.—A supervised bond program may be established 150 in each county with the terms of each program to be developed 151 with concurrence of the chief judge of the circuit, the county’s 152 chief correctional officer, the state attorney, and the public 153 defender. A county that has already established and implemented 154 a supervised bond program whose program and risk assessment 155 instrument is in compliance with subsections (3) and (4) may 156 continue to operate without such concurrence. 157 (3) PROGRAM REQUIREMENTS.—A supervised bond program, at a 158 minimum, shall: 159 (a) Require the county’s chief correctional officer to 160 administer the supervised bond program. 161 (b) Require the county’s chief correctional officer, or his 162 or her designee, to administer the risk assessment instrument to 163 a potential defendant. 164 (c) Utilize a risk assessment instrument to determine 165 eligible defendants and determine an appropriate level of 166 supervision for each defendant upon release. 167 (d) Review the bond of a defendant who is being accepted 168 into the supervised bond program to determine if a reduction of 169 the court-ordered bond, up to its entirety, is appropriate. 170 (e) Provide that the findings of the risk assessment 171 instrument will be used to create an individualized supervision 172 plan for each eligible defendant that is tailored to the 173 defendant’s risk level and supervision needs. 174 (f) Require, as part of the individualized supervision 175 plan, that any defendant released in the supervised bond program 176 must be placed on active electronic monitoring or active 177 continuous alcohol monitoring, or both, dependent upon the level 178 of risk indicated by the risk assessment instrument. 179 (g) Require weekly communication between the office of the 180 county’s chief correctional officer and the defendant as part of 181 the individualized supervision plan, which can be satisfied via 182 telephone or in person contact, dependent upon the level of risk 183 indicated by the risk assessment instrument. 184 (h) Establish procedures for reassessing or terminating 185 defendants from the supervised bond program who do not comply 186 with the terms of the individualized supervision plan imposed 187 through the program. 188 (4) RISK ASSESSMENT INSTRUMENT.— 189 (a) Each county must utilize a risk assessment instrument 190 for the supervised bond program that conducts a criminogenic 191 assessment for use in evaluating the proper level of supervision 192 appropriate to ensure compliance with pretrial conditions and 193 safety to the community. The risk assessment instrument must 194 consider, but need not be limited to, the following criteria: 195 1. The nature and circumstances of the offense the 196 defendant is alleged to have committed. 197 2. The nature and extent of the defendant’s prior criminal 198 history, if any. 199 3. Any prior history of the defendant failing to appear in 200 court. 201 4. The defendant’s employment history, employability 202 skills, and employment interests. 203 5. The defendant’s educational, vocational, and technical 204 training. 205 6. The defendant’s background, including his or her family, 206 home, and community environment. 207 7. The defendant’s physical and mental health history, 208 including any substance use. 209 8. An evaluation of the defendant’s criminal thinking, 210 criminal associates, and social awareness. 211 (b) A county may contract with the Department of 212 Corrections to develop a risk assessment instrument or modify an 213 instrument that has already been developed by the department, 214 provided the instrument contains the criteria enumerated in 215 paragraph (a). If a county elects to utilize a risk assessment 216 instrument developed or modified by the department in accordance 217 with this paragraph, the county’s chief correctional officer 218 shall enter into a contract with the department for such use. 219 (c) Each county may create its own risk assessment 220 instrument for the purpose of operating a supervised bond 221 program or may utilize a risk assessment instrument that has 222 previously been developed for a similar purpose as provided for 223 in this section. Additionally, a county may utilize a risk 224 assessment instrument that has been developed by another county 225 for a similar purpose as provided for in this section. To 226 utilize a risk assessment instrument developed by a county in 227 accordance with this paragraph, the risk assessment instrument 228 must be validated by the Department of Corrections and contain 229 the criteria enumerated in paragraph (a). If a county elects to 230 utilize a risk assessment instrument developed or modified by 231 another county in accordance with this paragraph, the counties’ 232 chief correctional officers shall enter into a contract for such 233 use. 234 (d) A county may contract with an independent entity to 235 utilize a risk assessment instrument that has previously been 236 developed for a similar purpose as provided for in this section. 237 To utilize a risk assessment instrument developed by an 238 independent entity in accordance with this paragraph, the risk 239 assessment instrument must be validated by the Department of 240 Corrections and contain the criteria enumerated in paragraph 241 (a). If a county elects to utilize a risk assessment instrument 242 developed or modified by an independent entity in accordance 243 with this paragraph, the county’s chief correctional officer 244 shall enter into a contract with the independent entity for such 245 use. 246 (e) A county may begin to implement its supervised bond 247 program immediately upon securing a contract for the utilization 248 of or the completion of development or modification, and if 249 applicable, validation of, a risk assessment instrument. A 250 county that intends to utilize a risk assessment instrument it 251 has already developed or modified may implement a supervised 252 bond program immediately upon validation of the risk assessment 253 instrument. A county that has already implemented a supervised 254 bond program may continue to operate such program while the risk 255 assessment instrument it utilizes is being validated. 256 Implementation must include training of all county staff that 257 will administer the risk assessment instrument. 258 (5) REPORTING.—Each county that establishes a supervised 259 bond program pursuant to this section, or has an existing 260 supervised bond program that operates in compliance with this 261 section, shall provide an annual report to the Office of Program 262 Policy Analysis and Government Accountability that details the 263 results of the administration of the risk assessment instrument, 264 programming used for defendants who received the assessment and 265 were accepted into the supervised bond program, the success rate 266 of such program, and savings realized by the county as a result 267 of such defendants being released from custody pending trial. 268 The annual report from the county must be submitted to OPPAGA by 269 October 1 each year. OPPAGA shall compile the results of the 270 counties reports for inclusion in an independent section of its 271 annual report developed and submitted to the Governor, the 272 President of the Senate, and the Speaker of the House of 273 Representatives in accordance with s. 907.044. 274 Section 2. Section 921.188, Florida Statutes, is amended to 275 read: 276 921.188 Placement of certain state inmates in local 277 detention facilities.— 278 (1) For offenses committed on or afterEffectiveJune 17, 279 1993 and before July 1, 2018, notwithstanding the provisions of 280 ss. 775.08, former 921.001, 921.002, 921.187, 944.02, and 281 951.23, or any other law to the contrary, a person whose 282 presumptive sentence is 1 year and 1 day up to 22 months in a 283 state correctional institution may be placed by the court into 284 the custody of a local detention facility as a condition of 285 probation or community control for a felony offense contained in 286 sentencing guidelines categories five through nine contained in 287 Rules 3.701 and 3.988, Florida Rules of Criminal Procedure, or 288 similar levels described in s. 921.0022, except for such person 289 whose total sentence points are greater than 52 or less than 40. 290 The court may place such person for the duration of the 291 presumptive sentence. The court may only place a person in a 292 local detention facility pursuant to this section if there is a 293 contractual agreement between the chief correctional officer of 294 that county and the Department of Corrections. The contract may 295 include all operational functions, or only housing wherein the 296 department would provide staffing and medical costs. The 297 agreement must provide for a per diem or partial per diem 298 reimbursement for each person placed under this section, which 299 is payable by the Department of Corrections for the duration of 300 the offender’s placement in the facility. The full per diem 301 reimbursement may not exceed the per diem published in the 302 Department of Corrections’ most recent annual report for total 303 department facilities. This section does not limit the court’s 304 ability to place a person in a local detention facility for less 305 than 1 year. 306 (2)(a) For offenses committed on or after July 1, 2018, 307 notwithstanding ss. 775.08 and 921.0024 or any other provision 308 of law, a court may sentence an offender to a term in the county 309 jail in the county where the offense was committed for up to 24 310 months if the offender meets all of the following criteria: 311 1. The offender’s total sentence points score, as provided 312 in s. 921.0024, is more than 44 points but no more than 60 313 points. 314 2. The offender’s primary offense is not a forcible felony 315 as defined in s. 776.08, except that an offender whose primary 316 offense is a felony of the third degree under chapter 810 is 317 eligible to be sentenced to a county jail under this subsection. 318 3. The offender’s primary offense is not punishable by a 319 minimum mandatory sentence of more than 24 months. 320 (b) As a condition of the sentence, the court shall order 321 that the offender: 322 1. Be placed under the jurisdiction of the Department of 323 Corrections; 324 2. Serve the remainder of his or her sentence in a 325 Department of Corrections facility in the event a contract 326 between the chief correctional officer and the Department of 327 Corrections expires, terminates, or is not renewed during an 328 offender’s sentence term; and 329 3. May request to be transferred to a Department of 330 Corrections facility if he or she is not receiving services and 331 programming that are substantially equivalent to those that are 332 available in a Department of Corrections facility, including, 333 but not limited to, educational programing, vocational training, 334 faith- and character-based programming, health services, mental 335 health treatment and counseling, substance abuse treatment and 336 counseling, and transitional services. 337 (c) An offender sentenced to a county jail under this 338 section shall be afforded the same or substantially equivalent 339 opportunity to earn gain-time or other sentence credit, but may 340 not receive gain-time or other sentence credit in an amount that 341 would cause his or her sentence to expire, end, or terminate, or 342 that would result in his or her release, before serving a 343 minimum of 85 percent of the sentence imposed. 344 (d) A felony offense for which an inmate is sentenced to a 345 county jail under this section is considered to be a prior 346 felony commitment at a state or federal correctional institution 347 for the purposes of ss. 944.291, 947.1405, and 948.12. 348 (e)1. A court may only sentence an offender to a county 349 jail pursuant to this section if there is a contractual 350 agreement between the chief correctional officer of that county 351 and the Department of Corrections. 352 2. The Department of Corrections shall enter into a 353 contract that allows offenders to be sentenced to a county jail 354 pursuant to this section if the chief correctional officer of a 355 county requests the department to enter into such contract. 356 3. The contract must: 357 a. Establish the maximum number of beds and the validated 358 per diem rate; 359 b. Provide a per diem reimbursement rate for the days an 360 inmate is in the custody of the county jail based on the 361 contracting county’s most recent annual adult male custody or 362 adult female custody per diem rates; 363 c. Require that inmates sentenced to a county jail receive 364 substantially equivalent services and programming as are 365 provided by the Department of Corrections in accordance with 366 chapter 944, including, but not limited to, educational 367 programing, vocational training, faith- and character-based 368 programming, health services, mental health treatment and 369 counseling, substance abuse treatment and counseling, and 370 transitional services; 371 d. Specify the services and programming the county will 372 provide to the inmates in accordance with sub-subparagraph c.; 373 e. Authorize a county jail to contract with a privately 374 operated community release and transition center to provide the 375 required services and programming to any inmates sentenced to a 376 county jail; 377 f. Establish regular intervals that the county jail and 378 Department of Corrections must share information related to an 379 inmate sentenced to a county jail under this section, including, 380 but not limited to, an inmate’s confinement status and any 381 information related to the calculation of a tentative release 382 date; and 383 g. Require the county jail provide documentation to verify 384 the expenses related to an inmate sentenced to a county jail 385 under this section, including, but not limited to, the number of 386 days an inmate is in the custody of the county jail. 387 (f) A contract executed under this section is contingent 388 upon an appropriation by the Legislature for the specific 389 purpose of funding state inmates housed in county facilities. 390 Contracts must be awarded by the Department of Corrections on a 391 first-come, first-served basis up to the maximum appropriation 392 allowable. For purposes of this section, “maximum appropriation 393 allowable” means the sum of the appropriations made by the 394 Legislature to fund state inmates housed in county facilities 395 and the net amount of appropriations transferred to or from the 396 State Inmates Housed in County Jail appropriation category for 397 contracts entered into under this section and s. 944.172. 398 (g) Each time the Department of Corrections executes a 399 contract pursuant to this section, the Department of Corrections 400 shall transfer funds, consistent with the requirements of 401 chapter 216, from other appropriation categories within the 402 Adult Male Custody Operations or the Adult and Youthful Offender 403 Female Custody Operations budget entities to the State Inmates 404 Housed in County Jail appropriation category in an amount 405 necessary to satisfy the requirements of each executed contract, 406 but not to exceed the Department of Corrections’ average total 407 per diem published for the preceding fiscal year for adult male 408 custody or adult and youthful offender female custody inmates 409 for each county jail bed contracted. Before any appropriation is 410 transferred to the State Inmates Housed in County Jail 411 appropriation category, the Department of Corrections shall 412 estimate the appropriation amount that is obligated for the 413 county jail beds contracted under this section and s. 944.172 to 414 estimate the amount in which these obligations exceed the 415 Department of Corrections’ per diem for adult male and female 416 inmates. 417 (h) Each time a contract executed pursuant to this section 418 ends, the Department of Corrections shall transfer funds, 419 consistent with the requirements of chapter 216, from the State 420 Inmates Housed in County Jail appropriation category to the 421 other appropriation categories within the Adult Male Custody 422 Operations or the Adult and Youthful Offender Female Custody 423 Operations budget entities. Such transfer may not exceed the 424 Department of Corrections’ average total per diem published for 425 the preceding fiscal year for adult male custody or adult and 426 youthful offender female custody inmates for each county jail 427 bed contracted. 428 (i) The Department of Corrections shall assume maximum 429 annual value of each contract entered into under this section 430 and s. 944.172 when determining the full use of funds 431 appropriated to ensure that the maximum appropriation allowable 432 is not exceeded. 433 (j) All contractual per diem rates under this section and 434 all per diem rates used by the Department of Corrections must be 435 validated by the Auditor General before payments are made. 436 Section 3. Section 944.172, Florida Statutes, is created to 437 read: 438 944.172 Housing of an inmate in a county jail.— 439 (1)(a) An inmate committed to the custody of the department 440 who has less than 24 months remaining on his or her sentence may 441 be transferred for the remainder of the term of imprisonment to 442 a county jail in the county where he or she will reside upon 443 release. 444 (b)1. Notwithstanding s. 947.149 and regardless of the 445 length of imprisonment remaining on an inmate’s sentence, a 446 terminally ill inmate that has less than 12 months to live may 447 be transferred to a county jail in the county where his or her 448 family resides for the remainder of the term of his or her 449 imprisonment or life, whichever occurs first. For purposes of 450 this section, “terminally ill inmate” means an inmate who has a 451 condition caused by injury, disease, or illness which, to a 452 reasonable degree of medical certainty, renders the inmate 453 terminally ill to the extent that there can be no recovery and 454 death is expected within 12 months. 455 2. A terminally ill inmate transferred to a county jail 456 does not have to be reviewed and approved by the Florida 457 Commission on Offender Review in accordance with s. 947.149. 458 However, an inmate transferred under this paragraph is still 459 eligible to be subsequently released from the county jail on 460 conditional medical release pursuant to s. 947.149. 461 (c) Any inmate transferred to a county jail under this 462 section remains under the jurisdiction of the department. 463 (2) Except as provided for in s. 947.149, an inmate 464 transferred to a county jail under this section shall be 465 afforded the same or substantially equivalent opportunity to 466 earn gain-time or other sentence credit, but may not receive 467 gain-time or other sentence credit in an amount that would cause 468 the inmate’s sentence to expire, end, or terminate, or that 469 would result in the inmate’s release, prior to serving a minimum 470 of 85 percent of the sentence imposed. 471 (3)(a) An inmate may only be transferred to a county jail 472 under this section if there is a contractual agreement between 473 the chief correctional officer of that county and the 474 department. 475 (b) The department shall enter into a contract that allows 476 inmates to be transferred to a county jail pursuant to this 477 section if the chief correctional officer of a county requests 478 the department to enter into such contract. 479 (c) The contract must: 480 1. Establish the maximum number of beds and the validated 481 per diem rate; 482 2. Provide a per diem reimbursement rate for the days an 483 inmate is in the custody of the county jail based on the 484 contracting county’s most recent annual adult male custody or 485 adult female custody per diem rates; 486 3. Specify whether the county will accept the transfer of a 487 terminally ill inmate; 488 4. Designate the categories of inmate classification or 489 security level that will be accepted for transfer; 490 5. Provide for the delivery and retaking of inmates; 491 6. Require that inmates transferred to a county jail 492 receive substantially equivalent services and programming as are 493 provided by the department in accordance with chapter 944, 494 including, but not limited to, educational programing, 495 vocational training, faith- and character-based programming, 496 health services, mental health treatment and counseling, 497 substance abuse treatment and counseling, and transitional 498 services; 499 7. Specify the services and programming the county will 500 provide to the inmates in accordance with subparagraph 6.; 501 8. Authorize a county jail to contract with a privately 502 operated community release and transition center to provide the 503 required services and programming to any inmates transferred to 504 a county jail; 505 9. Establish regular intervals that the county jail and the 506 department must share information related to an inmate 507 transferred to a county jail under this section, including, but 508 not limited to, an inmate’s confinement status and any 509 information related to the calculation of a tentative release 510 date; and 511 10. Require the county jail to provide documentation to 512 verify expenses related to an inmate transferred to a county 513 jail under this section, including, but not limited to, the 514 number of days an inmate is in the custody of the county jail. 515 (4) The department shall transfer any inmate that is 516 eligible under subsection (1) if the inmate also qualifies under 517 the contractual terms mutually agreed to by the department and 518 the designated county of release. 519 (5) An inmate may request to be transferred back to a 520 department facility if he or she is not receiving the services 521 and programming that are substantially equivalent to those that 522 are available in a department facility, including, but not 523 limited to, educational programing, vocational training, faith- 524 and character-based programming, health services, mental health 525 treatment and counseling, substance abuse treatment and 526 counseling, and transitional services. 527 (6) The inmate shall be transferred back to a department 528 facility to serve the remainder of his or her sentence in the 529 event a contract between the chief correctional officer and the 530 department expires, terminates, or is not renewed during an 531 inmate’s imprisonment in the county jail. 532 (7)(a) A contract executed under this section is contingent 533 upon an appropriation by the Legislature for the specific 534 purpose of funding state inmates housed in county facilities. 535 Contracts must be awarded by the department on a first-come, 536 first-served basis up to the maximum appropriation allowable. 537 For purposes of this section, “maximum appropriation allowable” 538 means the sum of the appropriations made by the Legislature to 539 fund state inmates housed in county facilities and the net 540 amount of appropriations transferred to or from the State 541 Inmates Housed in County Jail appropriation category for 542 contracts entered into under this section and s. 921.188. 543 (b) Each time the department executes a contract pursuant 544 to this section, the department shall transfer funds, consistent 545 with the requirements of chapter 216, from other appropriation 546 categories within the Adult Male Custody Operations or the Adult 547 and Youthful Offender Female Custody Operations budget entities 548 to the State Inmates Housed in County Jail appropriation 549 category in an amount necessary to satisfy the requirements of 550 each executed contract, but not to exceed the department’s 551 average total per diem published for the preceding fiscal year 552 for adult male custody or adult and youthful offender female 553 custody inmates for each county jail bed contracted. Before any 554 appropriation is transferred to the State Inmates Housed in 555 County Jail appropriation category, the department shall 556 estimate the appropriation amount that is obligated for the 557 county jail beds contracted under this section and s. 921.188 to 558 estimate the amount in which these obligations exceed the 559 department’s per diem for adult male and female inmates. 560 (c) Each time a contract executed pursuant to this section 561 ends, the department shall transfer funds, consistent with the 562 requirements of chapter 216, from the State Inmates Housed in 563 County Jail appropriation category to the other appropriation 564 categories within the Adult Male Custody Operations or the Adult 565 and Youthful Offender Female Custody Operations budget entities. 566 Such transfer may not exceed the department’s average total per 567 diem published for the preceding fiscal year for adult male 568 custody or adult and youthful offender female custody inmates 569 for each county jail bed contracted. 570 (d) The department shall assume maximum annual value of 571 each contract entered into under this section and s. 921.188 572 when determining the full use of funds appropriated to ensure 573 that the maximum appropriation allowable is not exceeded. 574 (e) All contractual per diem rates under this section and 575 all per diem rates used by the department must be validated by 576 the Auditor General before payments are made. 577 (8) The department may adopt rules to administer this 578 section. 579 Section 4. Paragraph (d) is added to subsection (1) of 580 section 945.091, Florida Statutes, to read: 581 945.091 Extension of the limits of confinement; restitution 582 by employed inmates.— 583 (1) The department may adopt rules permitting the extension 584 of the limits of the place of confinement of an inmate as to 585 whom there is reasonable cause to believe that the inmate will 586 honor his or her trust by authorizing the inmate, under 587 prescribed conditions and following investigation and approval 588 by the secretary, or the secretary’s designee, who shall 589 maintain a written record of such action, to leave the confines 590 of that place unaccompanied by a custodial agent for a 591 prescribed period of time to: 592 (d) Participate in supervised community release as 593 prescribed by the department by rule. The inmate’s participation 594 may begin 90 days before his or her provisional or tentative 595 release date. Such supervised community release must include 596 electronic monitoring and community control as defined in s. 597 948.001. The department must administer a risk assessment 598 instrument to appropriately determine an inmate’s ability to be 599 released pursuant to this paragraph. 600 1. If a participating inmate fails to comply with the 601 conditions prescribed by the department by rule for supervised 602 community release, the department may terminate the inmate’s 603 supervised community release and return him or her to the same 604 or another institution designated by the department. A law 605 enforcement officer or a probation officer may arrest the inmate 606 without a warrant in accordance with s. 948.06, if there are 607 reasonable grounds to believe he or she has violated the terms 608 and conditions of supervised community release. The law 609 enforcement officer or probation officer must report the 610 inmate’s alleged violations to a correctional officer for 611 disposition of disciplinary charges as prescribed by the 612 department by rule. 613 2. An inmate participating in supervised community release 614 under this paragraph remains eligible to earn or lose gain-time 615 in accordance with s. 944.275 and department rule, but may not 616 receive gain-time or other sentence credit in an amount that 617 would cause his or her sentence to expire, end, or terminate, or 618 that would result in his or her release, before serving a 619 minimum of 85 percent of the sentence imposed. The inmate may 620 not be counted in the population of the prison system and the 621 inmate’s approved community-based housing location may not be 622 counted in the capacity figures for the prison system. 623 Section 5. Subsection (6) of section 947.149, Florida 624 Statutes, is renumbered as subsection (7), and a new subsection 625 (6) is added to that section, to read: 626 947.149 Conditional medical release.— 627 (6) An inmate transferred to a county jail pursuant to s. 628 944.172(1)(b) does not have to be reviewed and approved by the 629 commission in accordance with this section and such transfer 630 does not exclude the inmate from subsequently being released 631 from imprisonment in accordance with this section. 632 Section 6. Section 948.33, Florida Statutes, is created to 633 read: 634 948.33 Prosecution for violation of probation and community 635 control arrest warrants of state prisoners.—A prisoner in a 636 state prison in this state who has an unserved violation of 637 probation or an unserved violation of community control warrant 638 for his or her arrest may file a state prisoner’s notice of 639 unserved warrant in the circuit court of the judicial circuit in 640 which the unserved warrant was issued. The prisoner must also 641 serve notice on the state attorney of that circuit. The circuit 642 court shall schedule the notice for a status hearing within 90 643 days after receipt of the notice. The state prisoner may not be 644 transported to the status hearing. At the status hearing, the 645 state attorney shall inform the court as to whether there is an 646 unserved violation of probation warrant or an unserved violation 647 of community control warrant for the arrest of the state 648 prisoner. If a warrant for either violation exists, the court 649 must enter an order within 30 days after the status hearing for 650 the transport of the state prisoner to the county jail of the 651 county that issued the warrant for prosecution of the violation, 652 and the court shall send the order to the county sheriff for 653 execution. 654 Section 7. This act shall take effect October 1, 2018.