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 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.
SUBJECT AREA TO BE ADDRESSED: Inmate discharge gratuities.
SPECIFIC AUTHORITY: 20.315 FS. 944.09 FS.
LAW IMPLEMENTED: 944.09 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:
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 FS., 944.09 FS. Law Implemented 944.09 FS. History–New 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,________.