Miami-Dade Legislative Item
File Number: 122458
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File Number: 122458 File Type: Resolution Status: Adopted
Version: 0 Reference: R-54-13 Control: Board of County Commissioners
File Name: FLA DEPT OF CORRECTIONS SHIFT COST FROM STATE TO COUNTIES Introduced: 12/13/2012
Requester: NONE Cost: Final Action: 1/23/2013
Agenda Date: 1/23/2013 Agenda Item Number: 11A14
Notes: Title: RESOLUTION OPPOSING A STATE BUDGET PROPOSAL BY THE FLORIDA DEPARTMENT OF CORRECTIONS TO SHIFT CORRECTIONS COSTS FROM THE STATE TO COUNTIES BY PROVIDING THAT ONLY THOSE PERSONS WITH ONE YEAR OR MORE REMAINING ON THEIR SENTENCES AT THE TIME OF SENTENCING WOULD BE INCARCERATED BY THE FLORIDA DEPARTMENT OF CORRECTIONS; ALTERNATIVELY URGING THE FLORIDA LEGISLATURE TO REIMBURSE COUNTIES FOR THE ADDITIONAL COST COUNTY TAXPAYERS WILL INCUR TO HOUSE SUCH INMATES IN COUNTY JAILS
Indexes: JAIL
Sponsors: Barbara J. Jordan, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 1/23/2013 11A14 Adopted P

County Attorney 12/13/2012 Assigned Jess M. McCarty 12/14/2012

Legislative Text



TITLE
RESOLUTION OPPOSING A STATE BUDGET PROPOSAL BY THE FLORIDA DEPARTMENT OF CORRECTIONS TO SHIFT CORRECTIONS COSTS FROM THE STATE TO COUNTIES BY PROVIDING THAT ONLY THOSE PERSONS WITH ONE YEAR OR MORE REMAINING ON THEIR SENTENCES AT THE TIME OF SENTENCING WOULD BE INCARCERATED BY THE FLORIDA DEPARTMENT OF CORRECTIONS; ALTERNATIVELY URGING THE FLORIDA LEGISLATURE TO REIMBURSE COUNTIES FOR THE ADDITIONAL COST COUNTY TAXPAYERS WILL INCUR TO HOUSE SUCH INMATES IN COUNTY JAILS

BODY
WHEREAS, each year, state agencies are required to file a Legislative Budget Request pursuant to Section 216.023, Florida Statutes, for the amount of funding state agencies believe will be needed to perform the functions that they are authorized or requesting authorization by law to perform; and
WHEREAS, as part of each state agency’s annual Legislative Budget Request and in preparation for his proposed state fiscal year 2013-14 budget, Governor Rick Scott directed each state agency to prepare five percent (5%) budget reductions; and
WHEREAS, as part of its budget reduction exercise, the Florida Department of Corrections proposed amending section 944.17(3)(a), Florida Statutes, to provide that only those persons with one year or more remaining to serve on their sentences at the time of sentencing would be incarcerated by the Florida Department of Corrections; and
WHEREAS, section 944.17(3)(a) currently provides that persons sentenced to a period of one year or more are to be incarcerated in the state prison system, with inmates sentenced to less than a year incarcerated in county jails, without regard for how long the inmate has previously served in county jail awaiting sentencing; and
WHEREAS, if implemented, this proposal is likely to have a significant negative fiscal impact on the Miami-Dade County Department of Corrections & Rehabilitation because those defendants who have less than one year remaining on their sentences at the time of sentencing would remain at County jail facilities, rather than moving to state prison facilities; and
WHEREAS, this proposal would divert a significant number of inmates currently sentenced to one year or more of incarceration from state prisons to county jails because these inmates would have less than one year remaining on their sentences at the time of sentencing because of time served in county jail prior to sentencing; and
WHEREAS, the Miami-Dade County Department of Corrections & Rehabilitation operates the eighth largest jail system in the United States, with approximately 6,000 people incarcerated in six (6) detention facilities; and
WHEREAS, the Miami-Dade County Department of Corrections & Rehabilitation did a preliminary analysis of the fiscal impact from this Florida Department of Corrections proposal, and as a conservative estimate, determined that it would increase the cost to Miami-Dade County by at least $12 million annually; and
WHEREAS, the Florida Department of Corrections estimated that its proposal would save the State of Florida an estimated $47.8 million annually; and
WHEREAS, this estimated savings, however, would not be a true cost savings to taxpayers, instead, it would simply shift this cost from the state to counties; and
WHEREAS, budget reduction proposals included in a state agency’s annual legislative budget request are not always included in the Governor’s proposed state budget or the state budgets proposed and adopted by the House and Senate; and
WHEREAS, nonetheless, this Board desires to go on record as opposing the budget reduction proposal by the Florida Department of Corrections to amend section 944.17(3)(a) to provide that only those persons with one year or more remaining to serve on their sentences at the time of sentencing would be incarcerated by the Florida Department of Corrections; and
WHEREAS, alternatively, this Board would urge the Florida Legislature to reimburse counties for the additional costs associated with housing such inmates in county jails,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Opposes a budget reduction proposal by the Florida Department of Corrections to shift corrections costs from the state to counties by providing that only those persons with one year or more remaining on their sentences at the time of sentencing would be incarcerated by the Florida Department of Corrections.
Section 2. Alternatively, urges the Florida Legislature to reimburse counties for the additional costs associated with housing such inmates in county jails.
Section 3. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, Senate President, House Speaker, Chair and Members of the MiamiDade State Legislative Delegation, the Secretary of the Florida Department of Corrections and the Executive Director of the Florida Association of Counties.
Section 4. Directs the County's state lobbyists to oppose the budget proposal set forth in section 1 above and/or pursue the funding set forth in section 2 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2013 State Legislative Package to include this item.



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