33-504.101: Probation and Restitution Centers
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to: substantially reword and reorganize the rule for clarity; provide for residential and non-residential services; describe the process for placement, criteria for ineligibility, responsibilities of department employees and contract providers, requirements for program completion, and conditions under which offenders are discharged from programs; provide minimum standards that must be required by probation and restitution centers.
SUBJECT AREA TO BE ADDRESSED: Probation and restitution centers.
SPECIFIC AUTHORITY: 944.026, 944.09 FS.
LAW IMPLEMENTED: 921.187, 944.026, 948.03, 958.04 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
(Substantial rewording of Rule 33-504.101 follows. See Florida Administrative Code for present text.)
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 inmates participation is voluntary.
(3) Eligibility. The following offenders shall be ineligible for assignment to a PRC:
(a) Convicted of or currently charged with a capitol 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 offenders 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.
(e) Supervision of offenders shall continue to be the responsibility of the assigned correctional probation officers.
(f) 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 offenders needs.
Specific Authority 944.026, 944.09 FS. Law Implemented 921.187, 944.026, 948.03, 958.04 FS. HistoryNew 10-26-92, Amended 9-4-95, Formerly 33-24.020, Amended 12-31-00,_________.
