33-601.502: Discharge Gratuity
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to allow for payment of a discharge gratuity to inmates not otherwise eligible when the warden or his designee determines that such payment is in the best interest of the inmate and the state, and to increase the amount of the gratuity paid to inmates reinstated or restored to supervision.
SUMMARY: Inmates being released with a balance of $100 or more in their account have historically been denied a discharge gratuity. The proposed rule will allow the warden or designee to provide a discharge gratuity of up to $40 for these inmates who were previously ineligible for such. The proposed rule also increased the amount of the gratuity paid to inmates reinstated or restored to supervision from $15 to $20.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 20.315, 944.09 FS.
LAW IMPLEMENTED: 944.09 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jason Hand, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-601.502 Discharge Gratuity.
(1) The secretary shall authorize the payment of a discharge gratuity to inmates discharged from the custody of the Department of Corrections in such amounts as the Legislature may from time to time provide. A discharge gratuity shall be provided to any inmate released on parole, expiration of sentence, pardon or permanent court order, except those inmates released in any of the following situations:
(a) through (b) No change.
(c) Any inmate to be released to the Department of Children and Family Services or a state or county mental health facility under an order for involuntary commitment; or.
(d)(2) Should a review of inmate bank trust fund records disclose that an inmate has an account balance of $100 or more at the time of release or has previously had maintained an account balance of $100 or more at any time and transferred funds out of his account during the 180 days prior to his release date, the inmate shall be denied a discharge gratuity, except as provided in subsection (2) below.
(2) If the warden or his designee determines that the best interests of the inmate and the state is served by the payment of a discharge gratuity to an inmate not otherwise eligible, a gratuity not to exceed $40.00 shall be provided.
(3) In the case of an inmate who is reinstated or restored to supervision, a discharge gratuity in an amount of $20.00 $15.00 will be provided.
(4) through (5) No change.
Specific Authority 20.315, 944.09 FS. Law Implemented 944.09 FS. HistoryNew 10-8-76, Formerly 33-7.06, Amended 1-4-87, 1-1-89, 1-18-89, 12-20-91, 4-14-92, 4-28-99, Formerly 33-7.006, Amended 8-28-01, 2-10-04, 9-21-05,________.
