33-504.101 Probation and Restitution Centers.
(1) General. Probation and restitution centers (PRCs) are community-based facilities that offer residential and non-residential services to offenders within a structured environment to assist the offenders with the development of skills needed to comply with conditions of supervision and to achieve successful transition and re-entry into the community.
(2) Referral and Placement. Offenders are assigned to PRCs in the following ways:
(a) Court ordered or releasing authority ordered residential placement or non-residential participation in specific programs at the PRC as a condition of supervision. Offenders are referred to the PRC by the Correctional Probation Officer in a violation of probation report or pre-sentence investigation as a sentencing option or as a possible alternative to a recommendation of imprisonment when it is determined that a more structured supervision, programming and control is needed.
(b) Referral by Department of Corrections staff for inmates who are being released from Department custody without supervision to follow and who have the need for additional transitional services to aid in community re-entry. The released inmate’s participation is voluntary.
(3) Eligibility. The following offenders shall be ineligible for assignment to a PRC:
(a) Convicted of or currently charged with a capital or life felony;
(b) Conviction for sexual battery pursuant to Section 794.011, F.S.;
(c) Currently has a mental or physical health condition that requires services not available at the PRC; or
(d) Physically unable to work.
(4) Responsibilities.
(a) The Bureau of Substance Abuse Program Services shall be responsible for the contract management of PRCs.
(b) The contracted community-based providers shall be responsible for the management of the PRC and the care and monitoring of offenders assigned to the PRC. Contracted providers shall notify the offender’s supervising correctional probation officer of any violations by the offender.
1. The PRC provider shall provide payment receipts to each offender for payments received. The PRC provider shall have a written accounting policy and procedure.
2. Center rules governing conduct, program rules and regulations and disciplinary actions for prohibited conduct shall be clearly posted in each center. Program orientation shall include review of center rules.
(c) Supervision of offenders shall continue to be the responsibility of the assigned correctional probation officers.
(d) Transportation shall be the responsibility of the offender. Transportation shall be coordinated by the offender and the center staff as necessary.
(5) Standard Requirements. All PRCs shall require the following:
(a) Payment of Subsistence fees – PRC offenders who reside at the facility and who are employed shall pay a subsistence fee at the rate specified by the Department in writing with the service provider. The rate shall not exceed a $25.00 daily rate and shall utilize a scale based on the amount earned by the offender.
(b) Drug screening and payment for drug screening – offenders shall submit to drug testing and shall provide payment for the cost of such testing.
(c) Employment on a full time basis or part time employment with a supplemental plan such as school or vocational training, or participation in a substance abuse or other Department-approved program.
(d) Participation in assigned programs, to include budgeting and banking of income and management of financial obligations.
(e) Adherence to curfew (by residents) as set by individual PRC regulations.
(f) Payment of court ordered financial obligations, to include restitution, court costs, and cost of supervision.
(6) Program Completion Requirements.
(a) Subsistence paid in full and current with all other court ordered financial obligations.
(b) Employment on a full time basis or part time employment with a supplemental plan such as school or vocational training, or program participation.
(c) Residential living plan that has been approved by the center staff and the supervising probation officer.
(d) Restitution plan, if applicable.
(e) Service of required period of time.
(7) Discharge from Program.
(a) Offenders’ failure to comply with program policies, rules, and regulations shall result in an unsuccessful discharge.
(b) Offenders shall be successfully discharged upon completion of all program requirements and completion of the period of time ordered by the court or releasing authority.
(c) Offenders shall be administratively discharged from the program due to court actions or medical reasons or transfer to another facility based upon the offender’s needs.
Rulemaking Authority 944.026, 944.09 FS. Law Implemented 921.187, 944.026, 948.03, 958.04 FS. History–New 10-26-92, Amended 9-4-95, Formerly 33-24.020, Amended 12-31-00, 5-11-09.
33-504.301 Community Corrections Partnership – Definitions.
(1) Plan – means the written proposal submitted by the public safety coordinating council to the Department of Corrections as provided in Section 951.26(3)(b), F.S.
(2) County work camp plan – means the written proposal submitted by the county commission pursuant to the provisions of Section 951.23(4), F.S.
(3) Evaluation committee – means the group of department staff established for the purpose of reviewing plans submitted by the public safety coordinating councils.
(4) Public safety coordinating council, also referred to as the council for the purposes of this chapter – means the council formed in each county pursuant to Section 951.26, F.S., for the purpose of formulating recommendations to ensure that the authorized capacities of county detention or correctional facilities are not exceeded.
(5) Non-secure drug treatment facility – means a facility operated by a private provider and which is licensed by the State of Florida to provide drug treatment services. The facility shall provide a combination of drug treatment, job placement and other related services which shall be fully described in the contract executed between the department and the provider.
(6) Secure drug treatment facility – means a facility operated by a private provider and which is licensed by the State of Florida to provide drug treatment services as described by contract provisions between the department and the provider.
Rulemaking Authority 948.51 FS. Law Implemented 944.026, 948.51, 950.002 FS. History–New 9-22-92, Amended 6-6-93, Formerly 33-35.001.
33-504.302 Community Corrections Partnership – Plan Approval Process.
(1) There is established within the Department of Corrections an evaluation committee for the purpose of reviewing plans submitted by public safety coordinating councils to determine compliance with the provisions of Section 948.51(2), F.S. The committee shall consist of the Assistant Secretary for Programs, the Assistant Secretary for the Office of Management and Budget, the Director of Probation and Parole Services, and the Director of Research and Planning, or their designees. The Deputy Secretary for the Department of Corrections shall serve as chairman of the committee.
(2) The evaluation committee shall be responsible for providing recommendations to the Secretary of the Department of Corrections for the award of community corrections contracts and funds as provided in the general appropriations act and as authorized by Section 948.51(4), F.S.. These recommendations shall be based on the criteria set forth in (3) below.
(3) The evaluation committee shall include in its review, consideration of the following:
(a) The comprehensive nature of the plan submitted. Priority shall be given to the plan which utilizes the major components contained in Sections 948.51(1) and (2), F.S.
(b) The extent to which the plan utilizes the existing statutory criminal sanctions or programs pursuant to Sections 948.001(1)-(4) FS, including probation and restitution centers, non-secure drug treatment facilities, secure drug treatment facilities, and county work camps if the county work camp is a part of the submitted plan and is being pursued by the county commission of the county.
(c) The information submitted which demonstrates agreement with the plan between necessary criminal justice entities of state and local government. The information submitted shall include, at a minimum, written indications by the state attorney, the public defender, the chief correctional officer of the county, the circuit judges, the county judges, and other such persons as the public safety coordinating council considers relevant, that all parties are in agreement as to the specifics of the plan and that the appropriate populations identified by law and in the plan will be placed accordingly.
(d) Conformance with Section 948.51(2), F.S.
(e) The fiscal year for which the public safety coordinating council is applying for funding.
(4) Upon completion of the review of each plan which has been submitted, the evaluation committee shall prepare a written evaluation and recommendation which shall be forwarded to the secretary for review. The secretary’s final approval shall be contingent upon available funding. Written notice of the secretary’s decision shall be provided to all public safety coordinating councils who submitted a plan.
(5) The secretary shall annually provide written notice by U. S. Mail of the availability of funding for plans. The notice shall be mailed to each board of county commissioners, each sheriff, each state attorney, each chief judge, and each public safety coordinating council. The notice shall establish a deadline for the submission of plans. Public safety coordinating council plans shall be mailed to the Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. Correspondence shall be directed to the attention of the community corrections evaluation committee. Plans may be submitted on standard 8-1/2 × 11 paper. Submissions shall bear the certification by the chairman of the public safety coordinating council as being the official proposal of that council. The plan may contain any number of attachments, renderings or other material as the council deems necessary for evaluation.
Rulemaking Authority 948.51 FS. Law Implemented 948.51 FS. History–New 9-22-92, Amended 6-6-93, Formerly 33-35.002.
33-504.303 Community Corrections Partnership – Contract Compliance and Funding.
(1) The evaluation committee shall be responsible for reviewing existing contracts to ensure substantial compliance with the plan or the standards established in Section 948.51(2), F.S. The evaluation committee shall report any non-compliance to the secretary, who shall determine whether to invoke the procedures of Section 948.51(7), F.S., to correct any deficiencies.
(2) Pursuant to Section 948.51(7), F.S., if the secretary determines that a contracting county is not substantially complying with its plan or the standards in Section 948.51(2), F.S., the secretary shall provide written notice to the public safety coordinating council that compliance has not been met. The council shall, within 30 days of receipt of the written notice, submit to the secretary a written proposal as to how deficiencies will be corrected. If within 45 days agreement is not reached between the secretary and the council or if deficiencies are not corrected within 45 days after the proposal has been agreed to by the secretary, the secretary shall suspend the funding until compliance is achieved.
Rulemaking Authority 948.51 FS. Law Implemented 948.51(7), 950.002(10) FS. History–New 9-22-92, Amended 6-6-93, Formerly 33-35.003.
33-504.304 Community Corrections Partnership – County Work Camps.
(1) The evaluation committee shall review county proposals to establish county work camps in accordance with the provisions of Section 950.002, F.S. In its review, the evaluation committee shall examine the following:
(a) The agreement between the request for funding of a county work camp and the public safety coordinating council plan, if any;
(b) Evidence that the appropriate population described in Section 950.002(5), F.S., shall be placed in the work camp;
(c) The status of the county determination for the site of the proposed facility including the status of any zoning or other potential barriers to the prompt construction of the facility;
(d) Review of the county work camp plan as it relates to the provisions of Section 950.002(3), F.S., regarding work camp programs.
(2) Written notice of the availability of funding for county work camps and a submission deadline shall be provided as set forth in subsection 33-504.302(5), F.A.C. Submissions for receipt of county work camp funding shall be prepared by the governing board of the county.
(3) The evaluation committee shall provide a written recommendation to the secretary concerning the award of a contract for construction funding. The decision of the secretary shall be based on the criteria in (1) above and on available funding.
Rulemaking Authority 948.51 FS. Law Implemented 950.002, 951.23 FS. History–New 9-22-92, Amended 6-6-93, Formerly 33-35.004.