Legislative Matter

Miami-Dade Legislative Item
File Number: 221235

Clerk's Official Copy

File Number: 221235

File Type: Resolution

Status: Adopted as amended

Version: 0

Reference: R-437-22

Control: County Commission

File Name: ELIMINATION OF THE $2.00 DAILY INMATE SUBSISTENCE FEE

Introduced: 5/25/2022

Requester: NONE

Cost:

Final Action: 5/3/2022

Agenda Date: 5/3/2022

Agenda Item Number: 11A6

Notes:

THIS IS A FINAL VERSION AS ADOPTED. ALSO SEE FILE NO. 220750.

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO IDENTIFY LEGALLY AVAILABLE FUNDS FROM WITHIN THE FISCAL YEAR 2021-2022 COUNTY BUDGET TO FUND THE ELIMINATION OF THE $2.00 DAILY INMATE SUBSISTENCE FEE CURRENTLY SET FORTH IN IMPLEMENTING ORDER 4-113; AMENDING IMPLEMENTING ORDER 4-113 TO ELIMINATE THE $2.00 DAILY INMATE SUBSISTENCE FEE; APPROVING THE ELIMINATION OF NEGATIVE BALANCES AND OUTSTANDING DEBTS; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO INCLUDE ELIMINATION OF $2.00 DAILY INMATE SUBSISTENCE FEE IN THE COUNTY MAYOR’S PROPOSED BUDGET FOR FISCAL YEAR 2022-2023; AND REQUIRING A REPORT

Indexes:

INMATES

Sponsors:	Sally A. Heyman, Prime Sponsor
	Eileen Higgins, Co-Sponsor
	Kionne L. McGhee, 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

County Attorney	5/25/2022		Assigned	Anita Viciana Zapata		5/26/2022

Board of County Commissioners	5/3/2022	11A6 AMENDED	Adopted as amended				P
REPORT:	Commissioner McGhee asked that he be shown as a co-sponsor. Commissioner Heyman explained the foregoing resolution intended to eliminate an established policy that collected $2 daily inmate subsistence fee from the inmates. She noted this policy caused problems since it also affected the County’s bond rates. Commissioner Martinez commented this issue should have been resolved in a timely fashion since the subsistence fee was unaffordable to most of the inmates. Discussion ensued among Commissioner Sosa, Department Director Cassandra Jones, Miami-Dade Corrections and Rehabilitation Department (MDCRD), and Budget Director, David Clodfelter, Office of Management and Budget (OMB), regarding who paid for the inmates’ phone calls and subsistence fee. In response to Commissioner Sosa’s inquiry relating to establishing an educational program for first-time offenders, Department Director Jones responded the department was currently reviewing the inmate tablet project to provide educational and training opportunities for the inmates. In response to Commissioner Sosa’s question relating to how the County’s budget was affected, Assistant County Attorney Anita Viciana explained the intent of the foregoing resolution was to cease the collection of the $2 daily inmate subsistence fee from inmates. Regarding Commissioner Sosa’s question relating to who paid for the telephone calls costs, Miami-Dade County Mayor Daniella Levine Cave advised the foregoing resolution addressed a daily fee assessed to inmates that were uncollectable due to the families’ inability to pay. She noted the telephone call cost was a separate issue. Discussion ensued among Commissioner Sosa, Mayor Levine Cava, and Budget Director Clodfelter regarding how the enactment of the foregoing resolution would impact the County budget and if the County was losing revenues. Budget Director Clodfelter advised that OMB was currently developing next year’s proposed fiscal year budget and working on identifying any budgetary gaps caused by the foregoing resolution. He noted OMB would prepare a report for the Board’s review outlining the budgetary gaps, a discussion of collections costs, and a proposal of how to close the financial gap. In response to Commissioner Cohen Higgins, Budget Director Clodfelter responded the County did not recognize the $72 million referenced in the resolution as valid receivables; therefore, the County considered the debt uncollectible. In response to Commissioner Cohen Higgins’ question, Ms. Cara Tuzeo, Chief Financial Officer (CFO) and Division Chief, MDCRD, clarified the $72 million represented negative balances carried over by the department that were over seven (7) years old and dated back to 1998. She noted the department requested the opinions of the Finance Department and Audit and Management Department before proposing the uncollectible accounts be purged. She explained how the past due account receivables were deemed uncollectible. Discussion ensued between Commissioner Cohen Higgins and Ms. Tuzeo regarding the collection efforts made to attempt to collect those accounts and the system established to collect past due debt. Commissioner Cohen Higgins suggested a collection agency be asked to collect the past due accounts before the accounts were written off. Commissioner Heyman advised a national law firm that collaborated with the Miami-Dade County Clerk’s Office in the collections of past due accounts and assisted in drafting the legislation. She stated the review findings identified that the assessed fee was unaffordable for the inmates. She noted that the department would continue to impose the $25 yearly fee. In response to Vice-Chairman Gilbert, III, Department Director Jones explained the cost of the tablet program and what the $2 daily subsistence fee covered. Vice-Chairman Gilbert, III, commented he supported the tablet program for educational purposes but not for entertainment. Commissioner Regalado stated a comprehensive review on this issue should have been performed before presenting this resolution to the Board for consideration. In response to Commissioner Hardemon’s question, Ms. Tuzeo responded the department had not performed an in-depth analysis regarding which type of inmates paid the imposed fees. Commissioner Hardemon expressed his agreement that most persons arrested were unable to pay the daily fees assessed. Commissioner McGhee commented that past due accounts over seven (7) years were deemed uncollectible based on the Statutes of limitations. The Board members adopted the foregoing resolution as amended to require that a report be brought back before the Board for their review identifying any budgetary gaps caused by the foregoing resolution.

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO IDENTIFY LEGALLY AVAILABLE FUNDS FROM WITHIN THE FISCAL YEAR 2021-2022 COUNTY BUDGET TO FUND THE ELIMINATION OF THE $2.00 DAILY INMATE SUBSISTENCE FEE CURRENTLY SET FORTH IN IMPLEMENTING ORDER 4-113; AMENDING IMPLEMENTING ORDER 4-113 TO ELIMINATE THE $2.00 DAILY INMATE SUBSISTENCE FEE; APPROVING THE ELIMINATION OF NEGATIVE BALANCES AND OUTSTANDING DEBTS; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO INCLUDE ELIMINATION OF $2.00 DAILY INMATE SUBSISTENCE FEE IN THE COUNTY MAYOR�S PROPOSED BUDGET FOR FISCAL YEAR 2022-2023; AND REQUIRING A REPORT

BODY
WHEREAS, the Miami-Dade Corrections and Rehabilitation Department (�MDCR�) imposes both a one-time $25.00 processing fee chargeable at the time of booking and a $2.00 daily subsistence fee on inmates in its care, custody, and control; and
WHEREAS, these subsistence fees are set forth in Implementing Order 4-133, which was established after this Board passed Resolution No. R-955-97, directing the then-County Manager to prepare an administrative order to set forth and charge incarcerated inmates a fee to cover a fair portion of their incarceration costs; and
WHEREAS, these subsistence fees are imposed pursuant to section 951.033, Florida Statutes, which authorizes counties to charge inmates all or a fair portion of the costs incurred by the counties to jail inmates, otherwise referred to as the inmate�s �subsistence costs;� and
WHEREAS, the $2.00 daily subsistence fee is to be debited on a daily basis from the inmate�s financial account at the MDCR facility; and
WHEREAS, recent figures provided by MDCR show that 87 percent of current inmates have a negative balance on their financial accounts and their daily subsistence fees are not being paid; and
WHEREAS, MDCR, in consultation with the Finance Department, has deemed unpaid inmate fees that are several years old as uncollectable, and has accordingly authorized its banking and commissary vendor to purge over $72,000,000.00 of unpaid inmate fees that were outstanding for more than seven years; and
WHEREAS, the personnel costs and administrative burdens imposed upon MDCR and its vendors as a result of having to charge, deduct, and account for the $2.00 daily inmate subsistence fee far outweigh the benefits and revenues derived from the amounts actually paid and received from a small minority of MDCR�s inmates; and
WHEREAS, accordingly, this Board wishes to amend Implementing Order 4-113 to retain the one-time $25.00 inmate processing fee charged at booking, but eliminate the $2.00 daily inmate subsistence fee as well as negative balances from unpaid daily subsistence fees for both current and previously incarcerated inmates,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Directs the County Mayor or County Mayor�s designee to identify legally available funds in the fiscal year 2021-2022 County Budget to fund the elimination of the $2.00 daily inmate subsistence fee set forth in Implementing Order 4-113.
Section 2. Approves an amendment to Implementing Order 4-113, in substantially the form attached hereto, to retain the one-time $25.00 inmate processing fee, eliminate the $2.00 daily inmate subsistence fee, and make other conforming changes, which amendment shall be effective: (a) upon the County Mayor�s or County Mayor�s designee�s identification of legally available funds in the fiscal year 2021-2022 County Budget to fund this reduction in revenues; or (b) if no such funds are available or no expenditures can be eliminated within the fiscal year 2021-2022 County Budget, on October 1, 2022.
Section 3. Upon the amendment to Implementing Order 4-113 becoming effective, approves the elimination of existing negative balances from unpaid daily subsistence fees for current inmates as well as outstanding debts of previously incarcerated inmates due to unpaid daily subsistence fees, including the termination of associated collection efforts.
Section 4. Further directs the County Mayor to include the elimination of the $2.00 daily inmate subsistence fee in the County Mayor�s Proposed Budget for fiscal year 2022-2023.
Section 5. Directs the County Mayor or County Mayor�s designee to: (a) prepare a written report relating to the matters set forth in this resolution, including whether sufficient funds have been identified and allocated from within the fiscal year 2021-2022 County Budget to fund the elimination of the $2.00 daily inmate subsistence fee as set forth in section 2 of this resolution; and (b) to present the report to this Board for its consideration no later than 30 days from the effective date of this resolution, and to place the report directly on an agenda of this Board without committee review pursuant to Ordinance No. 14-65. Notwithstanding the foregoing, it is the Board�s intention that the report be placed on an agenda of this Board prior to the implementation of the action described in sections 2 and 3 above.