The purpose and effect of the proposed rule is to provide clarity and consistency with Florida Statutes.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-203.201: Inmate Trust Fund
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide clarity and consistency with Florida Statutes.
SUMMARY: The proposed rule is amended for clarity, specifically the ability of inmates to open private bank accounts and the fee exemption for honorably discharged veterans and the requirement that inmates provide notification and documentation of honorable discharge. The proposed rule corrects the reference to the provision of Florida Statutes providing for unclaimed funds to escheat to the state and time period for retention before escheat, and Form DC2-304, Inmate Trust Fund Special Withdrawal, by adding spaces for inmate’s dorm and bunk numbers.
SUMMARY OF STATEMENT 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: 944.09, 944.516 945.091, 945.215 FS.
LAW IMPLEMENTED: 17.61, 57.085, 717.113, 944.09, 944.516 945.091, 945.215 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: Jamie Jordan-Nunes, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-203.201 Inmate Trust Fund.

(1) The following are the policies of the Department with respect to money received for the personal use or benefit of inmates:

(a) through (b) No change.

(c) Inmates may establish personal savings accounts or similar interest bearing accounts with a bank, savings and loan association, or similar private financial institutions.

(d) through (f) No change.

(g) An inmate’s right to establish an savings account within a private financial institution does not in any way diminish the provisions of paragraph 33-602.203(5)(a), F.A.C., Control of Contraband, which limits and controls the amount of money an inmate may have in his possession or Rule 33-602.201, F.A.C., Inmate Property, which does not allow inmates to possess checks, credit cards, debit cards, or other negotiables.

(h) Pursuant to Section 944.516, F.S., each inmate shall be charged an administrative processing fee of no more than $6.00 per month for banking services. The fee shall be based upon account activity for the month. An inmate whose account has no activity for the month shall not be assessed a fee for that month. Inmates shall be charged one percent of their total weekly canteen purchases and $0.50 for each deposit. Inmates housed at Work Release Centers (WRC’s) will be assessed a $1.00 fee for each weekly cash draw. These fees are waived for Veterans of the United States Armed Forces who notify and provide documentation to the department that they have been honorably discharged.

(2)(a) through (b) No change.

(c) Deposits sent by mail are processed using an advanced high-speed processing machine which requires the use of the deposit form; the form should not be photocopied. Attempts will be made to process deposits sent without the accompanying form, but the absence of the form could cause a delay of up to 30 days to process. If staff are unable to determine to which inmate the money is being sent, the money will be returned to the sender with a request for additional information necessary to process the deposit. If staff are unable to determine to which inmate the money is being sent and are unable to return the money because the sender did not provide a valid return address, the money will be held in a clearing account until the sender or receiving inmate is identified. If the inmate remains unidentified for 1 5 years the funds shall escheat to the state as unclaimed funds held by a government agency fiduciaries in accordance with Section 717.113 Chapter 717, F.S.

(d) An inmate may, however, withdraw his funds from the Inmate Trust Fund for deposit into a personal savings account or similar interest bearing account with a private financial institution. If an inmate does not wish his monies to be deposited into the Inmate Trust Fund, he must advise the donor of the funds to send them directly to the private financial savings institution of his choice. This option shall not be available when an inmate is on work release or a similar paid work program. In this case, the provisions of Rule 33-601.602, F.A.C., disbursement of earnings, shall apply. All inmates on work release shall submit their full pay for deposit in the Inmate Trust Fund so that subsistence and transportation costs, restitution, 10% savings hold, and court ordered payments, if applicable, may be deducted. In the case of inmates who are paid via EFT, the funds will be deposited into the Inmate Trust Fund and the same provisions of Rule 33-601.602, F.A.C., shall apply. The inmate may transfer any excess funds to a private account as defined in paragraph (1)(b) in accordance with the personalized program plan.

(3)(a) Inmates with sufficient balances in their individual Inmate Trust Fund accounts shall be allowed to spend an amount set by the Secretary not to exceed $100 a week at the institution’s canteen for personal use. Inmates on work release with sufficient balances in their individual Inmate Trust Fund accounts shall be allowed to request a weekly draw set by the Secretary not to exceed $100 to be expended for personal use. In order to request an expenditure of funds in excess of the authorized canteen limit or weekly draw, the inmate shall complete Form DC2-304, Inmate Trust Fund Special Withdrawal. Form DC2-304 is hereby incorporated by reference. This form may be obtained from any institution or facility or from the Bureau of Finance and Accounting, Inmate Trust Fund Section, 1711 Mahan Drive, Tallahassee, Florida 32308 or from the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is ________ July 13, 2003. If the withdrawal is for the purpose of making a deposit to a personal account with a private financial institution savings or similar interest bearing account in the inmate’s name, the check drawn upon the Inmate Trust Fund shall be made payable to the private financial savings institution which has been chosen by the inmate, with the inmate as a reference, and shall be mailed to the private financial savings institution. If an inmate requests a copy of a cancelled check or requests to stop payment on a check, the inmate shall be responsible for the fees charged to process these transactions. Requests for special withdrawals submitted without the required signatures or on other than the approved form will be returned to the inmate without processing. Inmates wishing to send funds to inmates at other institutions must obtain approval from the wardens at both institutions.

(b) No change.

(4) No change.

(5) When an inmate is released from the control of the department, and his or her inmate trust account balance exceeds $1.00, the inmate’s balance in the inmate trust fund at the time of discharge shall be mailed by the Bureau of Finance and Accounting, Inmate Trust Fund Section, within 45 days of the inmate’s release to the address provided by the inmate during the release process. However, if deposits of checks, money orders or other negotiable instruments have been made to the inmate's account but have not cleared the account of the payer by the time the inmate is discharged, funds equal to the amount of the uncleared deposits shall be retained in the inmate's trust fund account. Immediately after the deposits have cleared, the balance due the inmate shall be forwarded by mail to the inmate. Inmates being released will be provided with cash for travel and related expenses. For inmates who meet eligibility requirements set forth in Rule 33-601.502, F.A.C., this money shall be in the form of a discharge gratuity. For inmates who are not eligible for discharge gratuities, a hold will be placed on the inmate’s trust account and any remaining account balance shall be forwarded as indicated above. Pursuant to Section 717.113 Chapter 717, F.S., in the event that funds are unclaimed after a period of one five years, the balance shall escheat to the state as unclaimed funds held by a government agency fiduciaries.

(6) No change.

(7) When an inmate escapes and is not captured within 30 days, any balance in his Inmate Trust Fund account, in excess of $1.00, shall be forwarded to the person designated on the inmate's notification record. If this person cannot be located after reasonable efforts, the funds shall be held for one five years and, if unclaimed, shall escheat to the state pursuant to Section 717.113 Chapter 717, F.S.

(8) through (9) No change.

(10) Any cost judgment or other monetary judgment, order, or sanction imposed against an inmate as described in paragraph (9)(d) above, shall be paid by offsetting the amount of the judgment or monetary order or sanction against the inmate’s funds in his Inmate Trust Fund account in the following manner.

(11) through (12) No change.

Specific Authority 944.09, 944.516 945.091, 945.215 FS.  Law Implemented 17.61, 57.085, 717.113, 944.09, 944.516 945.091, 945.215 FS. History–New 1-27-86, Amended 7-16-89, 5-1-90, 3-2-92, 6-2-92, 8-25-92, 10-19-92, 4-13-93, 5-28-96, 6-15-98, Formerly 33-3.018, Amended 5-7-00, 7-13-03, 10-20-03, 1-23-05, 5-12-05, 11-13-06,__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Straley, Professional Accountant Supervisor
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Richard D. Davison, Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 10, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 11, 2008