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Resolution 256-1983 JUDGE RI PAYNE REPEALED RESOLUTION NO. 256 -1983 Date __._R- 237 RESOLUTION ESTABLISHING COUNTY Page 2- .-Book-- CORRECTIONAL _ ,..,_, SERVICES DEPARTMENT WHEREAS , the County Court Judges of Monroe County, Florida are desirous of establishing under the Board of County Commissioners of Monroe County, Florida, a- County Correctional Services Department for the purposes of implementing the provisions of Florida Statutes Chapter 948 , now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. That there is hereby established in accordance with the Administrative Order No. 81-5 of the Circuit Court of the Sixteenth Judicial Circuit of the State of Florida, a public entity under the authority of Florida Statute 948. 01 (6) known as the County Correctional Services Department. A true copy of Administrative Order No. 81-5 is attached hereto and incorporated herein by reference and the provisions of the same are hereby. adopted, ratified and affirmed. Passed and adopted by the Board of County Commissioners of Monroe Coutny, Florida, at a regular meeting of said Board held on the 16th day of September, A.D. 1983. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (2e.4.4,4,-, ayorfnd Chairman , isil (Seal) Attest: ;,. a � @as Ar- E LEE IAl;m_i„) neN . a-mcid.:) 10 ( s Clerk APPROVED AS TO FORM ii rTh Alr LgGAZ SUFFICIENCY. By � ✓� Attorney's Office - . IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MONROECOUNTY IN RE: RE-ORGANIZATION OF THE COUNTY COURT PROBATION • DEPARTMENT ADMINISTRATIVE ORDER NO. AMENDMENT TO 81-5 • WHEREAS, the judges of the County Court have indicated that there is a need to- re-organize and restructure the County Court Probation Department, now therefore, it - is ORDERED that: • ESTABLISHMENT-GOALS and PURPOSES 1. The County .Correctional Services Department is hereby established to take effect September 1, 1983, as a public entity' organized and • .existing under the authority of Florida Statute 94.8.• 01 -(6) . 2: The purpose of the Department is to provide supervised probation - ,services to the County Courts of Monroe County, Florida by• qualified personnel. . The scope and ambit of said services shall be inclusive of all probation. .and public service work supervision as outlined by Florida Statutes Chapter 948 and as otherwise authorized by law, said services to include but not be limited to supervising and counseling all misdem- eanant, criminal traffic and ordinance violator defendants placed on probation by the County Court. or ordered to perform public• service work or make victim restitution. The department may also become. authorized to provide DUI school and pre-trial.. intervention programs should the same be deemed advisable in the future. The purpose of the department shall be to assist the County Court in supervising probationers and in general to carry out those provisions so as to assist the County Court in monitoring those individuals who' have been placed on probation. . 3. The department shall also have the authority to use any other • agency necessary to carry out, the' orders of the. Court. The department • shall have the authority to supervise all probationers., the discretion to carry out the orders of the . Court, enforce. the conditions of probation, issue complaints or affidavits for violation of probation, appear in 2 court. and offer testimony in support of the complaint or affidavit, ' but shall not have the power of arrest. 4. The 'Board of Governors shall have the authority to contract with the State of Florida and federal authorities to provide probation and pre-trial services as shall from time-to-time be authorized by the , Board of. Governors within the purview of this Order and to contract to obtain such insurances as shall be deemed necessary for the department • • .RE-ORGANIZATION 5. The department and all employees thereof shall be employees of the Board of County Commissioners of Monroe County, Florida and they shall be classified as exempt judicial employees who shall serve at the pleasure of the Board of- Governors. The Board of Governors shall be the three County Court Judges of Monroe County and the Court Admin- • istrator of the Sixteenth Judicial Circuit. A quorum shall consist ' . of any three of said governors and the Board business shall be conducted by a simple majority vote: of the quorum. The Board of Governors shall establish the policies for administration of the probation department and shall determine such matters as the number of personnel to be hired, their duties and rate of compensation. The Director of the department shall be an employee of the department appointed. by a majority vote of the governing board' s quorum. The Director shall supervise the day to day operations of the probation department and its employees and shall prepare an annual operating budget for the department. Said budget as prepared shall be submitted to the Court .Administrator who • shall place said budget before the Board of Governors for approval or amendments., Said budget as approved or amended. shall be then' submitted to the Board of County. Commissioners for approval in the manner as shall. be required by the Board of County Commissioners of Monroe County, Florida. The fiscal year of the department shall be identical to that of other departments under the Board of County Commissioners of Monroe County, Florida.. • • • 2a r. 6. The Clerk of the Circuit Court shall act as fiscal agent for the department and shall collect and disburse all sums assessed as • probation supervision fees, victim restitution and State and Federal • • funds payable to the department. For said services the clerk shall • be entitled to receive reasonable compensation for such duties in an amount to be. establishedby 'Administrative Order. of the Chief Circuit . Judge after consulation with the Clerk of the Circuit Court, Director . and Board of Governors Of the -department. OPERATIONS FUNDING-EMPLOYEE BENEFITS • 7. The cost of operation of the department shall be funded entirely, from monthly probation supervision fees and such State and federal funds as maybe generated by the department' s programs. 8. The employees of. the department shall be entitled to receive ' health, sick leave, vacation, insurance and retirement benefits as all other county employees. • • • LIABILITY INSURANCE FOR PROBATIONERS 9. The Department shall have authority to contract for liability insurance covering injury to or by probationers engaged in performing public service -work to be paid from monthly supervision fees. TRANSITION 10. .Effective. upon execution of this Order the County Correctional Services Department shall arrange. for the orderly transition of super- . vision of County Court probation from the Salvation Army to the department. • • 11. All funds held by the Salvation Army collected as victim restitution, fines or court costs, shall be transferred to the Clerk of Courts. The original . financial records of the •Salvation Army shall remain the property of the Salvation Army except that true copies thereof shall be furnished to .the department,. • 12. All non-financial probation records and. files shall be transferred to the_ department and the Salvation Army shall be allowed such copies of the same as they shall desire to make. 13.. The probation offices' at 310 Fleming Street, Key West, Florida . shall be .vacated by the Salvation Army as soon as can be conveniently . possible. 14. The Salvation Army shall remit to the Department all funds collected as advance payment for supervision which said funds represent probation supervision not yet completed by the probationer on a pro rata basis representing the supervision yet remaining. The Salvation Army shall •remit as and when received all State matching probation funds for which said supervision has not yet been fully completed. . . Said funds shall be. remitted on a pro rata basis. 15. The department shall be authorized to do such other and- further acts necessary- to accomplish the transition contemplated herein and all parties are expected to co-operate fully in the 'orderly transition to effectuate the purposes set forth herein. 4 1 y 16. The provisions herein shall supercede the provisions of Administrative Order 81-5. 17. The provisions set forth herein shall become effective at such time as adopted ,by resolution of the Board of County Commissioners of Monroe _County, Florida. DONE and ORDERED this - , day of. August, A.D. 1983 Chief Circuit Judge • •