33-601.602: Community Release Programs
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to: include language being moved from Rule 33-601.606, F.A.C., regarding eligibility and ineligibility criteria for participation in a community release program, the mechanism for placement in a program, and the procedure for removal from a program; incorporate language from Form DC6-127, Checklist for Transfers to Work Release Centers, so that the form no longer needs to be incorporated by reference in the rule; require that all inmates participating in a work release program pay a 55% subsistence fee; clarify the procedure for collecting subsistence fees in the event an inmate fails to deposit his final paycheck into his Inmate Trust Fund account.
SUBJECT AREA TO BE ADDRESSED: Community Release Programs.
SPECIFIC AUTHORITY: 945.091, 946.002 FS.
LAW IMPLEMENTED: 945.091, 946.002 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-601.602 Community Release Programs.
(1) Definitions.
(a) Center Work Assignment (CWA) – An inmate assignment to a work release center to serve in a support capacity.
(b)(a) Community Release Program – Any program that which allows inmates to work at paid employment or a center work assignment, or to participate in education, training, or substance abuse treatment programs, or any other transitional program to facilitate re-entry into the community in a work release center, contract community work release facility, or community contract facility, or voluntary work with a public or nonprofit agency in the community.
(c)(b) Community Work Release (CWR) – The portion of the community release program that which allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.
(d)(c) Community Study Release – The portion of the community release program that which allows inmates to attend an educational or vocational facility or participate in a training program in the community while continuing as inmates of the facility where they are confined.
(e)(d) Community Volunteer Service – An activity that which allows inmates housed at a work release center or contract facility to voluntarily work with a governmental or nonprofit agency in the community.
(e) Modality II – A community based residential substance abuse treatment program for inmates.
(f) Institutional Classification Team (ICT) – For the purposes of this rule, the ICT is the team consisting of the warden or assistant warden, classification supervisor, a correctional officer chief, and other members as necessary when appointed by the warden or designee. The ICT is responsible for making work, program, housing, and inmate status decisions at a facility and for making other recommendations to the State Classification Office.
(g)(f) Net Earnings – Gross pay less withholding tax, social security deductions, and any legally required court ordered civil deductions.
(h) Non-advanceable date refers to an inmate’s release date that is restricted from continuous, monthly gain time awards over the entire length of the sentence, including:
1. Tentative release date based upon offenses occurring on or after October 1, 1995;
2. Presumptive parole release date (PPRD);
3. 100% minimum service requirements, such as the Prison Releasee Re-Offender Act or Three-Time Violent Offender cases.
(i) Transition Program – The portion of the community release program that provides inmates substance abuse programming and skills necessary for employment and re-entry into their communities prior to being assigned to CWR.
(j)(g) State Classification Office (SCO) – The office or office staff A staff member at the central office level that who is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT or rejecting Institutional Classification Team (ICT) recommendations.
(k)(h) Work Release Center – Refers to a correctional facility that houses community custody inmates participating in a community release program where a community based transition program is conducted for approved community custody inmate prior to release from custody.
(l)(i) Work Release Inmate Monitoring System (WRIMS) – A web site application used by work release facility staff to record information related to an inmate’s participation in CWR community work release.
(2) Eligibility and Ineligibility Criteria.
(a) An inmate is ineligible for community release programs if he has:
1. Current or prior sex offense convictions;
2. A guilty finding on any disciplinary report for escape or attempted escape within the last five years;
3. A current or prior conviction for escape covered by Section 945.092, F.S.;
4. Been terminated from CWR, a community-based residential substance abuse program, a CWA, or a transition program for disciplinary reasons during the inmate’s current commitment;
5. Been incarcerated four or more times in any state or federal correctional facility;
6. Been found guilty of any disciplinary report in the 60 days prior to placement;
7. Refused to complete or has an unsatisfactory removal from a substance abuse program that the inmate was required to complete at any point during his current period of incarceration unless the refusal was based upon objections to the religious based content of the program, in which case an alternate non-deity based program will be offered and must be successfully completed. The removal of an inmate from a program for violation of program or institutional rules or for behavioral management problems constitutes an unsatisfactory removal from a program. The inmate shall remain ineligible until a comparable program is satisfactorily completed;
8. A felony, Immigration and Customs Enforcement, or misdemeanor (for other than child support) warrant or detainer;
9. A misdemeanor detainer for child support, unless it can be established by the inmate’s classification officer that the detainer would be withdrawn upon payment of restitution, fines, or court ordered obligations and it appears that the inmate will earn sufficient funds to pay the obligation that has caused the detainer.
(b) In order to be eligible for a community release program, an inmate must:
1. Be community custody, or have a recommendation for community custody currently under review;
2. Be in Department custody for 60 days prior to placement;
3. For inmates with non-advanceable dates, the inmate must be within:
i. 28 months of his earliest tentative release date for the transition program, or
ii. 19 months of his tentative release date or presumptive parole release date for CWA or a community-based residential substance abuse program, or
iii. 14 months of his earliest tentative release date for CWR.
4. For inmates who do not have non-advanceable dates, the inmate must be within:
i. 36 months of his earliest tentative release date for the transition program, or
ii. 28 months of his tentative release date for CWA or a community-based residential substance abuse program, or
iii. 19 months of his tentative release date for CWR.
5. An inmate whose current commitment includes DUI-BUI Manslaughter, 4th DUI-BUI, Felony DUI-BUI, or DUI-BUI with Serious Injury must have successfully completed substance abuse treatment during the current commitment prior to being considered for CWA or CWR placement.
6. The Secretary of the Department or his designee, who for the purpose of this subparagraph shall be the Assistant Secretary for Institutions, shall have the authority to place an inmate who is in community custody at a work release center regardless of time constraints for the purpose of participating in a specialized work detail or program.
(c) If an inmate is otherwise eligible for a community release program, the Department will also consider the following factors to ensure community release placement is appropriate:
1. Arrest history, with particular attention to violent offenses or offenses in which the circumstances reflect that a sex act was intended, attempted, or completed;
2. Pending outside charges;
3. Disciplinary history, with particular attention to violence, escape risk, substance abuse, or sexual deviancy;
4. Substance abuse history;
5. Program needs, including re-entry;
6. Victim concerns;
7. The inmate’s skills, physical ability, and overall compatibility with the specifically requested community release program.
(d) Community release placements will be made to ensure inmates are housed and managed correctly for public safety or the safety of specific individuals.
(3) Placement of Work Release Inmates.
(a) If an inmate is approved for community release program participation, the SCO shall approve the appropriate transfer with consideration to the requested locations and shall facilitate the inmate’s transfer to the approved location.
(b) If the location requested has no bed capacity to accept the inmate, the inmate will be placed on a waiting list for the next available bed.
(c) Any change to the facility assignment or diversion to another community release program facility must be approved by the SCO. This review will determine that the inmate’s needs can be served adequately at a different work release center.
(d) Inmates who are diverted to a community work release center which they did not request due to lack of bed space at the requested location must be successfully complying with work release program rules and requirements in order to be considered for transfer from one facility to another.
(4)(2) Inmate Conduct While on Community Release.
(a) During the inmate orientation process, which shall occur within three days of arrival at a community work release center, inmates will be instructed of the following conduct requirements. Upon completion of the orientation program, the inmate shall be given Form DC6-126, a Certificate of Orientation, Form DC6-126. Form DC6-126 is incorporated in subsection (20)(16) of this rule. Inmates are required to:
1. Directly and promptly proceed to and return from their destination using the approved method of transportation and route designated by the correctional officer major or facility director of a contract facility.
2. Remain within the area designated for their community release.
3. Return to the facility to which assigned at the scheduled time.
4. Return to the facility to which assigned immediately if the approved community release activity ceases prior to the end of the scheduled time.
5. Refrain from consuming any alcoholic beverages or any narcotics or other drugs not lawfully prescribed to them.
6. Agree to submit to substance abuse testing as a condition of their participation in the program to determine whether alcohol, drugs or unauthorized controlled substances were used while on community release and pay for the cost of the testing if results are positive.
7. Work diligently, conduct themselves in a proper manner, and not engage in any prohibited conduct.
8. Contact the officer in charge when any unusual circumstances arise.
9. Make no contact with any individual on behalf of another inmate.
10. Refrain from entering Do not enter into any contract without advance written approval of the correctional officer major or facility director of a contract facility.
(b) An inmate with community release privileges shall not operate any motor vehicle of any kind unless previously authorized to do so by the correctional officer major or facility director of a contract facility, and in the event of such authorization, shall operate the specified motor vehicle only for the limited purpose for which authorization was given.
(c) Every inmate assigned to a community release facility shall immediately, upon arrival, sign Form DC6-102, a Letter of Notice, Form DC6-102, or the inmate shall be terminated from the program. The inmate shall be furnished a copy of the Letter of Notice and must agree to abide by the conditions of the Letter of Notice. Form DC6-102 is incorporated by reference in subsection (20)(16) of this rule.
(d) The work release center classification officer or designated contract facility staff shall complete Form DC6-118A, a Personalized Program Plan for Work Release Centers, Form DC6-118A, on all inmates assigned to the work release center within 14 days of receipt of the inmate at the center. Form DC6-118A is incorporated by reference in subsection (20)(16) of this rule. The completed personalized program plan shall be signed by the inmate, the inmate’s classification officer, and the correctional officer major or the designated contract facility staff and facility director at contract facilities. Once the personalized program plan is signed, it shall be given to the staff member assigned to work with the inmate. Any changes in the personalized program plan shall be discussed with the inmate and shall be documented on Form DC6-118B, Personalized Program Plan – Modification Plan. Form DC6-118B is incorporated by reference in subsection (20)(16) of this rule. The inmate’s progress towards achieving the goals of the personalized program plan shall be reviewed monthly with the inmate. The outcome of each review shall be documented on Form DC6-118C, Personalized Program Plan – Monthly Progress Review, or shall be entered into WRIMS at those facilities at which the system is operational. A copy of the Personalized Program Plan shall be printed on form WRIMS and given to the inmate. Form DC6-118C is incorporated by reference in subsection (20)(16) of this rule. Staff are authorized to schedule subsequent progress reviews upon request of the inmate.
(e) When the inmate is ready for release, Form DC6-118D, a Transition Release Plan, Form DC6-118D, shall be completed in order to assist the inmate in his or her release plans or the plan information shall be entered into WRIMS at those facilities at which the system is operational. Form DC6-118D is incorporated by reference in subsection (20)(16) of this rule.
(5)(3) Community Study Release.
(a) In order to be considered for community study release, an inmate shall submit a request on Form DC6-126, Inmate Request, to his classification officer, who shall forward the request to the SCO. After submitting Upon the request of an inmate, an inmate he or she shall be considered for participation in the community study release program providing:
1. The inmate meets all criteria outlined in this rule and Rule 33-601.606, F.A.C.;
2. The conditions regarding the financial assistance, placement, and time constraints, and aptitude are satisfied;
3. If there are the inmate has detainers filed against the inmate him or her, he is ineligible for community study release if the detaining authority has objected must not object to the inmate’s participation in the community study release program in writing; and
4. The inmate has not been convicted of any murder, manslaughter, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with attempt to commit a felony, aircraft piracy, or any attempt to commit the listed crimes if the program requires attendance at any state university or community college.
(b) Any inmate being considered for community study release shall be currently in a community release facility.
(c) Inmates shall not enter into any agreement to secure a loan from any university, college, or private organization for the purpose of financing their education.
(d) Any inmate considered for community study release shall have monies from one or more of the following sources for tuition, books, and clothing:
1. Vocational rehabilitation;
2. Veterans benefits;
3. Personal finances;
4. The inmate’s family.
(e) Community study release programs shall not interfere with the inmate’s employment schedule, CWA, center work assignment or participation in drug treatment programs. The inmate’s attendance at classes and transportation time must be scheduled to occur during non-working hours only, unless class attendance is required as part of the inmate’s employment.
(f) Participation in college level academic programs offered at community colleges or universities is limited to those inmates who demonstrate college-level aptitudes by satisfactory evidence of successful completion of college level academic coursework.
(g) The SCO state classification office shall have the authority to approve all requests for community study release Community Study Release, ensuring that the criteria specified in this rule are met.
(6)(4) Center Work Assignment (CWA). Upon request of an the inmate, the inmate shall be considered for placement in a CWA center work assignment, a community residential substance abuse program, a transition program, or CWR, providing that the:
(a) The inmate meets all criteria outlined in subsection (2) of this rule and Rule 33-601.606, F.A.C.;
(b) The inmate meets criteria specified on Form DC6-127, Checklist for Transfers to Work Release Centers, sections A and B. Form DC6-127 is incorporated by reference in subsection (16) of this rule.
(5) Community Residential Substance Abuse Program. The inmate shall be considered for placement into the community residential substance abuse program providing:
(a) The inmate meets all criteria outlined in this rule;
(b) The inmate meets criteria specified on Form DC6-127, sections A and C. The inmate shall make the request on Form DC6-236, Inmate Request, to his classification officer.
(a) Providing the inmate meets all criteria in subsection (2) of this rule, the classification officer will enter a community release recommendation.
(b) The ICT shall review the classification officer’s recommendation and recommend approval or disapproval.
(c) The ICT recommendation shall be forwarded to the SCO.
(d) The SCO staff member reviewing the ICT recommendation will utilize the criteria in subsection (2) of this rule to determine the appropriateness for the inmate’s placement into CWA, CWR, a transition program, or a community-based residential substance abuse program. The SCO staff member shall approve or disapprove the ICT recommendation.
(e) The classification officer will ensure the inmate is notified of the final decision.
(7)(6) Status Changes of Inmates in Community Release Programs Center Work Assignment, Program Participation, or Paid Employment Status Inmates at Community Residential Facilities. The SCO approving authority shall have the authority to approve all status changes for inmates in a the Community Release Program, as long as the changes are consistent with utilizing the criteria set forth in this rule and in Rule 33-601.606, F.A.C., and consistent with the safety and security of the public.
(8)(7) Employment.
(a) Employment sought must be full time employment for at least 40 hours per week.
(b) The Department department will not authorize an inmate to work at paid employment if:
1. The inmate will not receive wages commensurate with those received from the employer by comparable workers;
2. The employer does not provide the inmate with workers’ compensation, or, if workers’ compensation insurance is not required by law, other medical insurance to cover the inmate if he is injured while on the job;
3. The employer treats the inmate with less regard than other employees;
4. The employer expects more services from the inmate than of employees in comparable positions; or
5. The inmate wants to be employed at an establishment where:
a. The primary clientele focus is children;
b. There is a perception that children without parental supervision visit the establishment frequently; or
c. Children are normally dropped off by parents to be supervised by the employment site staff.
(c) No inmate shall be self-employed.
(d) The types of employment which the Department department will approve for an inmate are those which are related to the inmate’s institutional training, previous experience, and skills.
(e) Employment of an inmate with a relative is not precluded if:
1. The relative agrees to provide the inmate with pay commensurate to that which the inmate received for such employment prior to incarceration;
2. The Department department determines that the relative is one who would promote the goals and objectives of the community release programs; and
3. All other conditions related to employment are satisfied.
(f) If the Department department authorizes paid employment for an inmate with a given employer and subsequently receives and verifies information that the inmate is not being treated by the employer in a manner comparable to other employees, the correctional officer major or facility director will remove the inmate from such employment with that employer.
(g) The prospective employer shall sign Form DC6-124, an Employer’s Community Work Agreement, Form DC6-124. Form DC6-124 is incorporated by reference in subsection (20)(16) of this rule. Inmates engaged in paid employment are not considered employees of the state or the Department department while engaging in or traveling to and from such employment.
(h) Presidential Executive Order 11755 provides that an inmate is authorized to work in paid employment in the community by a contract or on a federally funded contract providing the following conditions are met prior to placement or participation in federally funded projects:
1. The worker is paid or is in an approved work training program on a voluntary basis.
2. Representatives of local union controlled bodies or a similar labor union organization management have been consulted.
3. Such paid employment will not result in the displacement of employed workers or be applied in skills, crafts or trades in which there is a surplus of available and gainful employment in the locality or impairs existing contracts for services.
4. The rate of pay or conditions of employment will not be less than those paid or provided for work for a similar nature in the locality in which the work is being performed.
(i) An inmate may be granted permission to change employment without adverse effects if:
1. The inmate’s current job is terminated for reasons not attributable to the inmate’s conduct;
2. Suitable employment becomes available which offers the inmate enhanced employment opportunities;
3. The employer is not a positive influence upon the inmate; or
4. The employer is not treating the inmate in a manner comparable to other employees as specified in this rule.
(j) Facility personnel shall visit the inmate’s place of employment for new employers within the first five days to verify employment. Documentation of on-site employment verification shall be placed in the inmate’s file by utilizing Form DC6-125, Employment Contacts, or shall be entered into WRIMS at those facilities at which the system is operational. Form DC6-125 is incorporated by reference in subsection (20)(16) of this rule.
(k) There shall be a minimum of three employment contacts per inmate per month by facility personnel to substantiate attendance and discuss any problems that may have arisen. Two of the contacts shall be accomplished either through telephone calls or site visits to the inmate’s place of employment, and documentation of the contacts shall be made on Form DC6-125, Employment Contacts, or shall be entered into WRIMS at those facilities at which the system is operational. One of the three monthly contacts shall be a personal on-site job check. The documentation of the contacts shall be made on Form DC6-125 and placed in the inmate’s file or shall be entered into WRIMS at those facilities at which the system is operational for future reference.
(l) Facility personnel shall establish a primary and secondary job contact person at all employment sites. The primary and secondary contact person shall be named on Form DC6-125, Employment Contacts or shall be entered into WRIMS at those facilities at which the system is operational.
(m) The employer shall provide a current work schedule for the inmate to the work release center each week prior to the inmate being allowed to depart for work. The inmate’s work schedule shall be entered into WRIMS at those facilities at which the system is operational.
(n) All inmates employed in the community shall return to the facility no later than 12 midnight. Inmates will not be authorized to leave the facility to work in the community between 12 midnight and 5 a.m. unless an exception is made. Any exceptions must be reviewed and approved on a case by case basis by the warden over the work release center. No exceptions will be approved unless it is determined that the risk to the community is minimal, and the earning potential and rehabilitative benefits which the job offers the inmate are substantial.
(9)(10) Clothing and Equipment.
(a) Inmates shall wear clothing suitable for the community release in which they are engaged.
(b) Inmates working at paid employment will be authorized to obtain tools and equipment normally required for their employment. Clothing, tools, or equipment required by inmates working at paid employment will not be purchased by the Department department.
(10)(9) Transportation.
(a) Transportation for inmates engaged in community release programs shall be secured by the following means:
1. Employer furnished transportation;
2. Public transportation;
3. Transportation provided by a family member;
4. Bicycling;
5. Walking; or
6. Center provided transportation at contract work release facilities only.
(b) Contract Work Release Facilities:
1. Contract work release facilities are Are authorized to assess a transportation fee from community release inmates not to exceed $3.00 each way for transportation provided by the contract work release center except as provided in subparagraph (b)3. below.
2. Inmates will utilize transportation authorized in paragraph (10)(a) of this rule 33-601.602(9)(a), F.A.C., unless the warden over the work release center determines for public safety reasons another means of transportation is necessary.
3. Such facilities shall Will provide, at no cost to the Department department or the inmate, transportation within the community for medical or mental health services, religious services (if not provided at the work release center), attendance at substance abuse group meetings, or for shopping.
(c) In order to ensure that inmates are not working long distances from the center, the warden over the work release center shall establish maximum boundaries for employment sites by center geographic location. The maximum boundaries shall not exceed two hours travel time to the employment site from the facility unless an exception has been granted. Any exceptions must be reviewed and approved on a case by case basis by the warden over the work release center, who shall assess whether the rehabilitative benefit to the inmate outweighs risks to public safety.
(11)(10) Disbursement of Earnings.
(a) An inmate working at paid employment shall agree to deposit his total earnings less legally required payroll deductions, or other payroll deductions authorized by the Department department, into his account in the Inmate Trust Fund. The Department department shall have the authority to hold, disburse, or supervise the disbursement of these funds according to a prearranged plan of disbursement.
(b) Once an inmate is approved for paid employment, facility personnel, in consultation with the inmate, will establish a plan for the disbursement of earnings, based upon the needs, responsibilities, and financial obligations of the inmate. No change will be made in this plan of disbursement without the approval of the correctional officer major or facility director.
(c) The inmate’s plan for the disbursement of earnings shall include a provision that no less than 10% of his their net income will be placed in savings for disbursement upon his their release. The plan shall also include a provision that no less than 10% of their net income will go toward the support of any dependents the inmate may have.
(d) All inmates participating in community work release programs shall be required to pay 55% subsistence, which shall be computed by factoring .55 (55%) times the inmate’s net earnings. The inmate shall be required to discurse such funds to pay the facility for subsistence at the following rates:
1. Inmates assigned to contract facilities for paid employment shall be required to pay 55% subsistence which shall be computed by factoring .55 (55%) times the inmate’s net earnings.
2. For all other inmates the amount of subsistence to be paid will be computed by factoring .45 (45%) times the inmate’s net earnings.
(e) Subsistence deductions will not exceed the state’s actual cost to incarcerate the inmate, as computed on a per diem basis. The computation of maximum subsistence deductions will be made and publicized annually by the department.
(f) Subsistence deductions against individual inmate’s earnings will commence with the first labor compensation payment received by the inmate during his incarceration and will terminate with the last earnings deposited to the Inmate Trust Fund, regardless of the frequency of the employer’s payroll cycle. However, if an inmate fails to deposit his final earnings into his Inmate Trust Fund account, a 55% subsistence deduction will be made from the Inmate Trust Fund Account for the days owed by the inmate, based on the inmate’s release date, for which the State or the contract facility has not already been compensated. The assessment will be made based on the inmate’s last earnings deposited.
(g) An inmate who has been fired from employment for misconduct, or who voluntarily terminates employment, shall continue to be assessed for subsistence to the limit of funds available. Absent earnings to compute the subsistence deduction, the assessment will be made at the same per diem level as was deducted from the inmate’s last regular wages.
(h) A work releasee who is receiving Workers’ Compensation or sick pay shall pay subsistence fees commensurate with the rate set forth in paragraph (d) above based on the amount of compensation received, less any legally required payroll deductions.
(i) While in paid employment status, the inmate shall be responsible for reimbursing the Department for costs associated with the following:
1. Health, comfort items, and incidental expenses.
2. Medical and dental expenses.
3. Transportation costs at contract work release facilities as stipulated by the vendor contract, but not to exceed three dollars ($3.00) each way.
4. Tools, equipment, and clothing needed for employment.
(j) The inmate shall be required to disburse remaining funds for the following purposes:
1. Payments for the support of dependents.
2. Payment of restitution, fines or court costs, or to comply with a judgment from a court of competent jurisdiction regarding the payment of any obligation.
3. Payment of preexisting debts acknowledged by the inmate.
4. Savings to be accumulated for discharge.
(k) No inmate shall be allowed to open any outside bank or credit union account in his or her name utilizing monies which were earned while on community release.
(l) Any requests for special withdrawal shall be completed on Form DC2-304, Special Withdrawal. Form DC2-304 is incorporated by reference in Rule 33-203.201, F.A.C.
(12)(11) Restitution.
(a) Unless there exists reasons not to order restitution, the Department department shall require inmates working at paid employment, under the provision of Section 945.091, F.S., to provide restitution to an aggrieved party for the damage or loss caused as a result of a prior or current offense of the inmate. For purposes of this rule, fines, court costs and court ordered payments shall be treated in the same manner as restitution.
(b) In those cases where the committing court orders restitution to the victim in a specific amount, the Department department shall require inmates working at paid employment to pay restitution to the aggrieved party in the ordered amount.
(c) In the event that the committing court fails to order restitution or orders restitution but fails to state a specific amount, the Department department shall require the inmate, as a condition of working in a paid employment program, to pay restitution to the aggrieved party in an amount to be determined by the Bureau Chief of Classification and Central Records pursuant to Section 945.091, F.S. Restitution which is imposed by the Department department under this provision shall not be less than 10% of the inmate’s net earnings.
(d) If reasons exist not to order restitution, the Department department shall state such reasons in writing. Reasons include:
1. No restitution is applicable;
2. The committing court expressly orders no restitution;
3. Restitution has already been satisfied;
4. There is insufficient information available to the Department department in order to make a determination as to restitution;
5. The victim cannot be located;
6. There are no funds remaining after all Department of Corrections obligations have been paid.
(e) Restitution requirements shall be recorded on Form DC6-123, Monetary Reimbursement Agreement. Form DC6-123 is incorporated by reference in subsection (20)(16) of this rule.
(13)(16) Advance of Funds. The facility director at contract work release centers is authorized by contract to advance monies up to $75.00 to an inmate who needs money for clothing, equipment, tools, transportation or incidental expenses in order to begin working at paid employment. The financial plan for the disbursement of the inmate’s earnings prepared, as provided in subsection (11) of this rule 33-601.602(14), F.A.C., shall provide for the repayment of any such advancement of monies from the inmate’s earnings. If the inmate’s employment is terminated or if for any other reason the advancement of monies is not repaid from the inmate’s earnings, the advancement of monies remains a personal obligation of the inmate. Disciplinary action pursuant to Rule 33-601.314, F.A.C., shall be initiated to ensure due process for the collection of any unpaid portion of the advancement. All or part of the discharge gratuity as provided in Rule 33-601.502, F.A.C., shall be taken, but only if the Department of Corrections finds that such action will not jeopardize the inmate’s ability to transition himself into the community.
(14) Reasons for Removal from a Community Release Program. An inmate may be removed from a CWA, a community-based residential substance abuse program, a transition program, or from CWR for any of the following reasons:
(a) The inmate violates any laws, rules, or procedures or tests positive for drugs or alcohol;
(b) Information is received concerning the inmate that is determined will adversely impact on the safety and security of the inmate, Department, or the community; or
(c) There is reason to believe that the inmate will not honor the trust bestowed upon him.
(15) Process for Removal from a Community Release Program.
(a) When an inmate is removed from a CWA, a community-based residential substance abuse program, a transition program, or from CWR for negative behavior or unsuccessful participation in the program and placed in a secure facility, the inmate shall be recommended for termination from the program by his classification officer.
(b) The ICT shall review the classification officer’s recommendation and recommend approval or disapproval of the inmate’s termination.
(c) The ICT recommendation shall be forwarded to the SCO, who shall approve or disapprove the termination.
(e) If the SCO disapproves the termination, the SCO shall ensure that the inmate is returned to his previous community release status.
(16) Escape from a Community Release Program.
(a) Any time an inmate cannot be located at his authorized location, a BOLO (Be On the Lookout For)/Warrant shall be requested and the inmate shall be recommended for termination from the community release program in the interest of public safety.
(b) Once located, the inmate shall be transferred to a secure facility.
(c) If, following investigation, it is determined that the inmate did not escape, as defined in Section 945.091(4), F.S., the procedures outlined in subsection (15) of this rule shall be followed in order to reinstate the inmate to a community release program.
(17)(13) Citizen Committees. The correctional officer major of a work release center or facility director of a contract facility shall establish committees of volunteer citizens in the various communities of the state to assist the Department of Corrections by:
(a) Aiding in the development of suitable employment in the community for those inmates who have been approved for participation in the community work release program.
(b) Aiding in the development of study or training programs for inmates.
(c) Aiding in the transition programs of the facility.
(d) Encouraging programs within the communities designed to acquaint citizens with the problems and needs of the released offender.
(e) Adding or establishing linkages between the community correctional center and the community.
(18)(14) Program Facilities.
(a) The Department department is authorized to utilize any facility, including a contract facility, under its jurisdiction to provide community work release programs to inmates.
(b) Inmates participating in the community release programs will be housed in a work release center or contract facility.
(c) When funding is available, the Department department is authorized to enter into written agreements with any city, county, federal agency or authorized private organization for the housing of inmates on community release status in a place of confinement under the jurisdiction of such entity and for the participation of these inmates in community release.
(19)(15) Records Required. The Department department shall keep a record of the following:
(a) Number of inmates placed in community release programs and furloughs authorized.
(b) Number of community release and furlough programs completed and the number of inmates terminated from the program and reasons therefore.
(c) Amount and disposition of inmate’s earnings.
(d) Number of inmates paying restitution.
(20)(16) Forms. The following forms are hereby incorporated by reference. Copies of these forms are available from the Forms Control Administrator, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500.
(a) DC6-123, Monetary Reimbursement Agreement, effective 9-2-01.
(b) DC6-124, Employer’s Community Work Agreement, effective 3-14-01.
(c) DC6-125, Employment Contacts, effective 9-2-01.
(d) DC6-126, Certificate of Orientation, effective 9-2-01.
(e) DC6-118A, Personalized Program Plan for Work Release Centers, effective 9-2-01.
(f) DC6-118B, Personalized Program Plan – Modification Plan, effective 9-2-01.
(g) DC6-118C, Personalized Program Plan Progress Review, effective 9-30-08.
(h) DC6-118D, Transition Release Plan, effective 3-14-01.
(i) DC6-127, Checklist for Transfers to Work Release Centers, effective 4-10-08.
(i)(j) DC6-102, Letter of Notice, effective 9-2-01.
Rulemaking Specific Authority 945.091, 946.002 FS. Law Implemented 945.091, 946.002 FS. History–New 12-7-97, Amended 4-13-98, 10-20-98, Formerly 33-9.023, Amended 3-14-01, 9-2-01, 10-27-03, 3-2-04, 10-28-04, 2-7-05, 2-22-07, 7-17-07, 4-10-08, 9-30-08,_________.