Restitution question ... ???

[grouchpotato]

Does Florida take from the men's commissary money for restitution? Please explain fully.

[Imissmymichael]

I don't think so. My baby owe's like $4,000 still and has never had any taken from his account. In county or prison. But they can put a lein on him

[loveSunnyH]

No they don't. The Judgment that's entered by the Court at the time of their sentencing IS, in fact, a personal money judgment, and acts as a lien against any real property owned by the Judgment Debtor (the inmate) in Florida.

[sweetpea]

I don't think that they take money from them while they are in county or at their permenant camp. BUT when they go to work camp and are making money, they do have money taken out of their accounts for transportation costs, restitution, and court ordered payments (such as traffic violations/fines).

[Charlie's Mom]

Since my son has been in the State system they have not taken any money for court costs or resitution. I called inmate banking and they told me that they couldnt. While he was in Broward County they took $2.00 a day to supposedly offset the costs of keeping him pretrial. Of course they could have approved his bond hearing.

[sweetpea]

They do take money out when you are in work camp tho...this is what the 33's say...

(i) The inmate shall be responsible while in paid employment status for the following:
1. If transportation is provided by the department, the inmate shall be required to pay $1.00 for every day one-way transportation is provided or $2.00 for two-way transportation.
2. Health, comfort items, and incidental expenses.
3. Medical and dental expenses, unless waived by the regional health authority.
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. The effective date of this form is
May 7, 2000.
(11) Restitution.
(a) Unless there exists reasons not to order restitution, the department shall require inmates working at paid employment, under the provision of s. 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 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 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 s. 945.091 F.S. Restitution which is imposed by the 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 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 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 (16) of this rule.

[sweetpea]

Correction...I meant a WRC (work release center) not work camp...sorry bout that!