Florida Regulations 33-504.302: Community Corrections Partnership – Plan Approval Process
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(1) There is established within the Department of Corrections an evaluation committee for the purpose of reviewing plans submitted by public safety coordinating councils to determine compliance with the provisions of Florida Statutes § 948.51(2) The committee shall consist of the Assistant Secretary for Programs, the Assistant Secretary for the Office of Management and Budget, the Director of Probation and Parole Services, and the Director of Research and Planning, or their designees. The Deputy Secretary for the Department of Corrections shall serve as chairman of the committee.
(2) The evaluation committee shall be responsible for providing recommendations to the Secretary of the Department of Corrections for the award of community corrections contracts and funds as provided in the general appropriations act and as authorized by Florida Statutes § 948.51(4). These recommendations shall be based on the criteria set forth in (3) below.
(3) The evaluation committee shall include in its review, consideration of the following:
(a) The comprehensive nature of the plan submitted. Priority shall be given to the plan which utilizes the major components contained in Sections 948.51(1) and (2), F.S.
(b) The extent to which the plan utilizes the existing statutory criminal sanctions or programs pursuant to Sections 948.001(1)-(4) FS, including probation and restitution centers, non-secure drug treatment facilities, secure drug treatment facilities, and county work camps if the county work camp is a part of the submitted plan and is being pursued by the county commission of the county.
(c) The information submitted which demonstrates agreement with the plan between necessary criminal justice entities of state and local government. The information submitted shall include, at a minimum, written indications by the state attorney, the public defender, the chief correctional officer of the county, the circuit judges, the county judges, and other such persons as the public safety coordinating council considers relevant, that all parties are in agreement as to the specifics of the plan and that the appropriate populations identified by law and in the plan will be placed accordingly.
(d) Conformance with Florida Statutes § 948.51(2)
(e) The fiscal year for which the public safety coordinating council is applying for funding.
(4) Upon completion of the review of each plan which has been submitted, the evaluation committee shall prepare a written evaluation and recommendation which shall be forwarded to the secretary for review. The secretary’s final approval shall be contingent upon available funding. Written notice of the secretary’s decision shall be provided to all public safety coordinating councils who submitted a plan.
(5) The secretary shall annually provide written notice by U. S. Mail of the availability of funding for plans. The notice shall be mailed to each board of county commissioners, each sheriff, each state attorney, each chief judge, and each public safety coordinating council. The notice shall establish a deadline for the submission of plans. Public safety coordinating council plans shall be mailed to the Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. Correspondence shall be directed to the attention of the community corrections evaluation committee. Plans may be submitted on standard 8-1/2 × 11 paper. Submissions shall bear the certification by the chairman of the public safety coordinating council as being the official proposal of that council. The plan may contain any number of attachments, renderings or other material as the council deems necessary for evaluation.
Rulemaking Authority 948.51 FS. Law Implemented Florida Statutes § 948.51. History-New 9-22-92, Amended 6-6-93, Formerly 33-35.002.
Terms Used In Florida Regulations 33-504.302
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(3) The evaluation committee shall include in its review, consideration of the following:
(a) The comprehensive nature of the plan submitted. Priority shall be given to the plan which utilizes the major components contained in Sections 948.51(1) and (2), F.S.
(b) The extent to which the plan utilizes the existing statutory criminal sanctions or programs pursuant to Sections 948.001(1)-(4) FS, including probation and restitution centers, non-secure drug treatment facilities, secure drug treatment facilities, and county work camps if the county work camp is a part of the submitted plan and is being pursued by the county commission of the county.
(c) The information submitted which demonstrates agreement with the plan between necessary criminal justice entities of state and local government. The information submitted shall include, at a minimum, written indications by the state attorney, the public defender, the chief correctional officer of the county, the circuit judges, the county judges, and other such persons as the public safety coordinating council considers relevant, that all parties are in agreement as to the specifics of the plan and that the appropriate populations identified by law and in the plan will be placed accordingly.
(d) Conformance with Florida Statutes § 948.51(2)
(e) The fiscal year for which the public safety coordinating council is applying for funding.
(4) Upon completion of the review of each plan which has been submitted, the evaluation committee shall prepare a written evaluation and recommendation which shall be forwarded to the secretary for review. The secretary’s final approval shall be contingent upon available funding. Written notice of the secretary’s decision shall be provided to all public safety coordinating councils who submitted a plan.
(5) The secretary shall annually provide written notice by U. S. Mail of the availability of funding for plans. The notice shall be mailed to each board of county commissioners, each sheriff, each state attorney, each chief judge, and each public safety coordinating council. The notice shall establish a deadline for the submission of plans. Public safety coordinating council plans shall be mailed to the Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. Correspondence shall be directed to the attention of the community corrections evaluation committee. Plans may be submitted on standard 8-1/2 × 11 paper. Submissions shall bear the certification by the chairman of the public safety coordinating council as being the official proposal of that council. The plan may contain any number of attachments, renderings or other material as the council deems necessary for evaluation.
Rulemaking Authority 948.51 FS. Law Implemented Florida Statutes § 948.51. History-New 9-22-92, Amended 6-6-93, Formerly 33-35.002.