reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.0623 - Application of Ch. 86-183; Agreement or Contract as of July 1, 1986.

951.0623 Application of ch. 86-183; agreement or contract as of July 1, 1986.—Notwithstanding any other provision of chapter 86-183, Laws of Florida, each correctional facility and county detention facility operated and maintained by either the sheriff or by a contractual private entity on the effective date of this act may continue to be operated and maintained in accordance with any current agreement or contract; however, should such agreement or contract ever be terminated, the provisions of chapter 86-183, Laws of Florida, shall thereafter apply.
History.—s. 9, ch. 86-183.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.063 - Privately Operated County Correctional Facilities.

951.063 Privately operated county correctional facilities.—Each private correctional officer employed by a private entity under contract to a county commission must be certified as a correctional officer under s. 943.1395 and must meet the minimum qualifications established in s. 943.13. The county shall provide to the Criminal Justice Standards and Training Commission all necessary fingerprints for Florida Department of Law Enforcement and Federal Bureau of Investigation background checks. The Criminal Justice Standards and Training Commission shall advise the county as to those employees whose certification has been denied or revoked. Neither the county nor the private entity shall be the direct recipient of criminal records.
History.—s. 5, ch. 86-183; s. 15, ch. 2019-113.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.08 - Prisoner Workday.

951.08 Prisoner workday.—No prisoner shall be compelled to labor more than 10 hours per day nor be subject to punishment for any refusal to labor beyond such limit; provided, that the 10 hours shall be the time embraced from the leaving to the return of the prisoner to his or her place of detention.
History.—s. 13, ch. 6537, 1913; RGS 6218; s. 2, ch. 9203, 1923; CGL 8550; s. 1, ch. 61-488; s. 1697, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.10 - Leasing Prisoners to Work for Private Interests Prohibited.

951.10 Leasing prisoners to work for private interests prohibited.—County prisoners may not be leased to work for any private interests. This section does not prohibit county inmates from working in nonprofit and private sector jobs pursuant to s. 951.24(2) and consistent with federal law.
History.—s. 3, ch. 9203, 1923; CGL 8551; s. 1, ch. 61-488; s. 17, ch. 2001-110.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.11 - Turning Prisoners Over to Board of Bond Trustees, Etc.

951.11 Turning prisoners over to board of bond trustees, etc.—The board of county commissioners in counties where a board of bond trustees, board of public works, or other duly constituted board, has charge of the construction and maintenance of the public roads may turn the county prisoners over to the said trustees to be worked on the public roads of said county, subject to all the rules and regulations herein provided.
History.—s. 4, ch. 9203, 1923; CGL 8552; s. 1, ch. 61-488.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.12 - Working Prisoners on Public Roads and Exchange of Prisoners Between Counties.

951.12 Working prisoners on public roads and exchange of prisoners between counties.—All persons confined in the county jail under sentence of a court may be worked on the roads of the county. In case the number of prisoners in any county at any time be less than five, the county commissioners of such county may arrange with the county commissioners of any other county for an exchange of prisoners. The county commissioners shall not be required to work the prisoners on the public roads when there is no contract between the counties as provided herein, nor when in their judgment the number of prisoners is insufficient to justify the employment of a correctional officer to work them.
History.—s. 4, ch. 4769, 1899; GS 4110; RGS 6219; CGL 8553; s. 1, ch. 61-488; s. 46, ch. 95-283.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.13 - Transferring From One County to Another.

951.13 Transferring from one county to another.—
(1) When the county commissioners of any county shall have made provision for the expenses of supporting and guarding, while at work on the public roads, a larger number of prisoners than can be supplied from that county, upon the application of the county commissioners of such county, the county commissioners of any other county which has not otherwise provided for the working of its prisoners or otherwise disposed of its prisoners, or may hereafter dispose of its prisoners, shall deliver to said county or counties applying for same, in the order of their application, such prisoners as may be confined in the county jail or hereafter be sentenced to such county jail.
(2) Provided, that the cost of guarding and maintaining such prisoners shall be paid by the county applying for and receiving the same and any and all such prisoners from such other counties may at any time be returned to the sheriff of such other counties at the expense of the county having received and used them; provided, further, that no prisoners shall be sent out of the county in which they have been convicted and sentenced to work to any other county unless a contract for that purpose shall have been entered into by the boards of county commissioners of the respective counties, and arrangements made for their safekeeping, proper care, and safe return by the employing counties to the county or counties from which such prisoners were sentenced.
History.—s. 5, ch. 4769, 1899; GS 4111; RGS 6220; CGL 8554; s. 1, ch. 61-488.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.14 - Failure of Person to Discharge His or Her Duty; Penalty.

951.14 Failure of person to discharge his or her duty; penalty.—Any person appointed by virtue of the laws of the state relative to working county prisoners on the public road, or to whom duties are assigned in this chapter, who shall fail to make complete return within the time specified therein, or who shall otherwise fail to discharge the duties imposed upon him or her by this chapter, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 8, ch. 4769, 1899; GS 4112; RGS 6221; CGL 8555; s. 7, ch. 29615, 1955; s. 1, ch. 61-488; s. 1180, ch. 71-136; s. 1698, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.15 - Credit on Fines and Costs.

951.15 Credit on fines and costs.—Every working prisoner shall be entitled to receive, together with subsistence, a credit at the rate of 30 cents per diem, on account of fines and costs adjudged against him or her.
History.—s. 2, ch. 2090, 1877; RS 3033; GS 4113; RGS 6222; CGL 8556; s. 1, ch. 61-488; s. 1699, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.16 - Prisoners Entitled to Receive Credit on Fine Based on Imprisonment.

951.16 Prisoners entitled to receive credit on fine based on imprisonment.—Every person who may be imprisoned in the county jail for failure to pay a fine and costs, or either, under sentence imposed upon conviction for crime shall be entitled to receive, together with subsistence, a credit on such fine and costs, or either, as the case may be, in proportion to the time such person may be imprisoned.
History.—s. 1, ch. 6176, 1911; RGS 6223; CGL 8557.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.175 - Provision of Programs for Women.

951.175 Provision of programs for women.—
(1) This section may be cited as the “County Corrections Equality Act.”
(2) All regularly employed assistants, officers, and employees whose duties bring them into contact with the inmates of the institution shall be women as far as practicable.
(3) Women inmates shall have access to programs of education, vocational training, rehabilitation, and substance abuse treatment that are equivalent to those programs which are provided for male inmates. The county shall ensure that women inmates are given opportunities for exercise, recreation, and visitation privileges according to the same standards as those privileges are provided for men. Women inmates shall be given opportunities to participate in work-release programs which are comparable to the opportunities provided for male inmates and shall be eligible for early release according to the same standards and procedures under which male inmates are eligible for early release.
(4) An inmate who is pregnant shall be provided with prenatal care and medical treatment for the duration of her pregnancy. The county shall ensure that a pregnant inmate receives supplemental food and clothing and is excused from inappropriate work assignments. An inmate shall be transferred to a hospital outside the detention facility grounds if a condition develops which is beyond the scope and capabilities of the county detention center’s medical facilities.
(5) Any woman inmate who gives birth to a child during her term of imprisonment may be temporarily taken to a hospital outside the detention facility for the purpose of childbirth, and the charge for hospital and medical care shall be charged against the funds allocated to the detention facility. The county shall provide for the care of any child so born and shall pay for the child’s care until the child is suitably placed outside the prison system.
History.—s. 2, ch. 91-195; s. 30, ch. 91-225.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.176 - Provision of Education.

951.176 Provision of education.—
(1) Each county may contract with a district school board, the Florida Virtual School, a charter school authorized to operate under s. 1002.33, or a Florida College System institution to provide education services for inmates at county detention facilities. The education services may include any educational, career, or vocational training authorized by the sheriff or chief correctional officer, or his or her designee.
(2) Minors who have not graduated from high school and eligible students with disabilities under the age of 22 who have not graduated with a standard diploma or its equivalent who are detained in a county or municipal detention facility as defined in s. 951.23 shall be offered educational services by the local school district in which the facility is located. These educational services shall be based upon the estimated length of time the youth will be in the facility and the youth’s current level of functioning. School district superintendents or their designees shall be notified by the county sheriff or chief correctional officer, or his or her designee, upon the assignment of a youth under the age of 21 to the facility. A cooperative agreement with the local school district and applicable law enforcement units shall be developed to address the notification requirement and the provision of educational services to these youth.
History.—s. 11, ch. 2000-137; s. 2, ch. 2018-104; s. 2, ch. 2022-143.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.19 - Interference With County Prisoners.

951.19 Interference with county prisoners.—Whoever shall interfere with county prisoners while at work, at their meals, at rest, or while going to and from their quarters or with the correctional officers in charge of them, either by assaulting them or by inciting them or attempting to incite the prisoners to disobedience, revolt, or escape, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.
History.—s. 2, ch. 4391, 1895; GS 3508; RGS 5394; CGL 7533; s. 1181, ch. 71-136; s. 47, ch. 95-283.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.21 - Gain-Time for Good Conduct for County Prisoners.

951.21 Gain-time for good conduct for county prisoners.—
(1) Commutation of time for good conduct of county prisoners shall be granted by the board of county commissioners unless, by a majority vote of the board of county commissioners, the board elects to discontinue or revise gain-time policies for good conduct. If the board of commissioners authorizes commutation of time for good conduct, the following deductions shall be made from the term of sentence when no charge of misconduct has been sustained against a county prisoner: up to 5 days per month off the first and second years of the sentence; up to 10 days per month off the third and fourth years of the sentence; up to 15 days per month off the fifth and all succeeding years of the sentence. Where no charge of misconduct is sustained against a county prisoner, the deduction shall be deemed earned and the prisoner shall be entitled to credit for a month as soon as the prisoner has served such time as, when added to the deduction allowable, will equal a month. A county prisoner under two or more cumulative sentences shall be allowed commutation as if they were all one sentence.
(2) For each sustained charge of escape or attempted escape, mutinous conduct, or other serious misconduct, all the commutation which shall have accrued in favor of a county prisoner up to that day shall be forfeited, except that in case of escape if the prisoner voluntarily returns without expense to the state or county then such forfeiture may be set aside by the board of county commissioners if in its judgment the prisoner’s subsequent conduct entitles him or her thereto.
(3) The board of county commissioners, upon recommendation of the warden or sheriff, may adopt a policy to allow for county prisoners, in addition to time credits, an extra good-time allowance for meritorious conduct or exceptional industry not to exceed 5 days per month.
(4) All or any part of the gain-time earned by a county prisoner and any extra gain-time allowed him or her, if any, shall be subject to forfeiture by the board of county commissioners upon recommendation of the sheriff or warden for violation of any law of the state or any rule or regulation of the board or institution.
History.—s. 23, ch. 3883, 1889; RS 3059; GS 4140; s. 1, ch. 6177, 1911; s. 1, ch. 6917, 1915; RGS 6231; CGL 8567; s. 1, ch. 18065, 1937; s. 1, ch. 19199, 1939; s. 1, ch. 25210, 1949; s. 1, ch. 28300, 1953; s. 1, ch. 61-347; s. 1, ch. 65-220; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 98, ch. 77-120; s. 501, ch. 81-259; s. 1700, ch. 97-102; s. 2, ch. 99-361.
Note.—Former s. 954.06.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.22 - County Detention Facilities; Contraband Articles.

951.22 County detention facilities; contraband articles.—
(1) It is unlawful, except through regular channels as duly authorized by the sheriff or officer in charge, to introduce into or possess upon the grounds of any county detention facility as defined in s. 951.23 or to give to or receive from any inmate of any such facility wherever said inmate is located at the time or to take or to attempt to take or send therefrom any of the following articles, which are contraband:
(a) Any written or recorded communication. This paragraph does not apply to any document or correspondence exchanged between a lawyer, paralegal, or other legal staff and an inmate at a detention facility if the document or correspondence is otherwise lawfully possessed and disseminated and relates to the legal representation of the inmate.
(b) Any currency or coin.
(c) Any article of food or clothing.
(d) Any tobacco products as defined in s. 210.25(12).
(e) Any cigarette as defined in s. 210.01(1).
(f) Any cigar.
(g) Any intoxicating beverage or beverage that causes or may cause an intoxicating effect.
(h) Any narcotic, hypnotic, or excitative drug or drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates, marijuana as defined in s. 381.986, hemp as defined in s. 581.217, industrial hemp as defined in s. 1004.4473, or controlled substances as defined in s. 893.02(4).
(i) Any firearm or any instrumentality customarily used or which is intended to be used as a dangerous weapon.
(j) Any instrumentality of any nature which may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility.
(k) Any cellular telephone or other portable communication device as described in s. 944.47(1)(a)6., intentionally and unlawfully introduced inside the secure perimeter of any county detention facility. The term does not include any device that has communication capabilities which has been approved or issued by the sheriff or officer in charge for investigative or institutional security purposes or for conducting other official business.
(l) Any vapor-generating electronic device as defined in s. 386.203, intentionally and unlawfully introduced inside the secure perimeter of any county detention facility.
(2) A person who violates paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e), paragraph (1)(f), paragraph (1)(g), or paragraph (1)(l) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or paragraph (1)(k) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 63-140; s. 1182, ch. 71-136; s. 180, ch. 71-355; s. 33, ch. 74-112; s. 1, ch. 78-41; s. 78, ch. 87-226; s. 6, ch. 91-225; s. 4, ch. 94-149; s. 32, ch. 2016-145; s. 23, ch. 2016-220; s. 66, ch. 2019-167; s. 3, ch. 2020-59.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.221 - Sexual Misconduct Between Detention Facility Employees and Inmates; Penalties.

951.221 Sexual misconduct between detention facility employees and inmates; penalties.—
(1) Any employee of a county or municipal detention facility or of a private detention facility under contract with a county commission who engages in sexual misconduct, as defined in s. 944.35(3)(b)1., with an inmate or an offender supervised by the facility without committing the crime of sexual battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The consent of an inmate to any act of sexual misconduct may not be raised as a defense to prosecution under this section.
(2) Notwithstanding prosecution, any violation of this section, as determined by the administrator of the facility, constitutes sufficient cause for dismissal of the violator from employment, and such person may not again be employed in any capacity in connection with the correctional system.
History.—s. 3, ch. 2001-92.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.225 - Persons Authorized to Visit County and Municipal Detention Facilities.

951.225 Persons authorized to visit county and municipal detention facilities.—The following persons who are elected or appointed to serve the county or municipality in which the county or municipal detention facility is located may visit such facility at their pleasure:
(1) Members of the governing body of the county or municipality.
(2) Members of the Legislature.
(3) State court judges.
(4) The state attorney.
(5) The public defender.
(6) The regional counsel.
History.—s. 1, ch. 2023-232.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.231 - County Residential Probation Program.

951.231 County residential probation program.—
(1) Any prisoner who has been sentenced under s. 921.18 to serve a sentence in a county residential probation center as described in s. 951.23 shall:
(a) Reside at the center at all times other than during employment hours and reasonable travel time to and from his or her place of employment, except that supervisory personnel at a county residential probation center may extend the limits of confinement to include, but not be limited to, probation, community control, or other appropriate supervisory techniques.
(b) Seek and obtain employment on an 8-hours-a-day basis and retain employment throughout the period of time he or she is housed at the center.
(c) Participate in and complete the program required by s. 958.045, if required by the supervisor of the center.
(d) Participate in the education program provided at the center, if required by the supervisor of the center.
(e) Participate in the drug treatment program provided at the center, if required by the supervisor of the center.
(2) The center participating in the county residential probation program must provide or contract to provide for the programs established under subsection (1) as well as provide or contract to provide for necessary health care for the period of time the prisoner is housed at the center.
(3) A local government having an existing Department of Corrections probation and restitution center within its boundaries with current available capacity may contract with the Department of Corrections to house prisoners sentenced in accordance with s. 921.18.
(4) A local government having an existing Department of Corrections probation and restitution center within its boundaries without current available capacity, or a local government not having an existing Department of Corrections probation and restitution center within its boundaries, may provide facilities either through construction, purchase, or lease of new facilities or purchase, renovation, or lease of existing facilities.
(5) Local governments participating in this program may apply to the Department of Corrections for funding. The department shall allocate the funding for this program to the extent authorized in the General Appropriations Act.
History.—s. 79, ch. 88-122; s. 1701, ch. 97-102; s. 48, ch. 2010-117.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.25 - Sale of Goods and Services Produced by County Prisoners.

951.25 Sale of goods and services produced by county prisoners.—
(1) Any service or item manufactured, processed, grown, or produced, in whole or in part, by county prisoners in a county operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution, and not required for use in the work program may be furnished or sold to any state agency, department, or institution; political subdivision of the state; other state; or agency of the Federal Government within the state or to the public.
(2) Any sale made under this section shall be in accordance with rules established by the governing body of such county.
History.—s. 1, ch. 79-93.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.27 - Blood Tests of Inmates.

951.27 Blood tests of inmates.—
(1) Each county and each municipal detention facility shall have a written procedure developed, in consultation with the facility medical provider, establishing conditions under which an inmate will be tested for infectious disease, including human immunodeficiency virus pursuant to s. 775.0877, which procedure is consistent with guidelines of the Centers for Disease Control and Prevention and recommendations of the Correctional Medical Authority. It is not unlawful for the person receiving the test results to divulge the test results to the sheriff or chief correctional officer.
(2) Except as otherwise provided in this subsection, serologic blood test results obtained pursuant to subsection (1) are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, such results may be provided to employees or officers of the sheriff or chief correctional officer who are responsible for the custody and care of the affected inmate and have a need to know such information, and as provided in ss. 775.0877 and 960.003. In addition, upon request of the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the results of any HIV test performed on an inmate arrested for any sexual offense involving oral, anal, or female genital penetration by, or union with, the sexual organ of another, must be disclosed to the victim or the victim’s legal guardian, or to the parent or legal guardian of the victim if the victim is a minor. In such cases, the county or municipal detention facility shall furnish the test results to the Department of Health, which is responsible for disclosing the results to public health agencies as provided in s. 775.0877 and to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, as provided in s. 960.003(3). As used in this subsection, the term “female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(3) The results of any serologic blood test on an inmate are a part of that inmate’s permanent medical file. Upon transfer of the inmate to any other correctional facility, such file is also transferred, and all relevant authorized persons must be notified of positive HIV test results, as required in s. 775.0877.
History.—s. 13, ch. 88-380; s. 2, ch. 90-210; s. 16, ch. 93-227; s. 3, ch. 93-230; s. 8, ch. 94-90; s. 451, ch. 96-406; s. 38, ch. 97-93; s. 325, ch. 99-8; s. 13, ch. 2022-165.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.28 - Transmitting Prisoner Information to Reduce Public Assistance Fraud.

951.28 Transmitting prisoner information to reduce public assistance fraud.—Upon consultation with the Department of Law Enforcement and the Social Security Administration, the county sheriff or chief correctional officer or his or her designee shall establish and implement a process to submit to the Social Security Administration, directly or indirectly, sufficient and necessary information to identify incarcerated persons who are wrongfully receiving entitlement benefits and payments.
History.—s. 50, ch. 96-312; s. 11, ch. 99-333.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.29 - Procedure for Requesting Restoration of Civil Rights or Restoration of Voting Rights of County Prisoners Convicted of Felonies.

951.29 Procedure for requesting restoration of civil rights or restoration of voting rights of county prisoners convicted of felonies.—
(1) With respect to a person who has been convicted of a felony and is serving a sentence in a county detention facility, the administrator of the county detention facility shall provide the following to the prisoner, at least 2 weeks before discharge, if possible:
(a) An application form obtained from the Florida Commission on Offender Review which the prisoner must complete in order to begin the process of having his or her civil rights restored;
(b) Information explaining voting rights restoration pursuant to s. 4, Art. VI of the State Constitution; and
(c) Written notification of all outstanding terms of the prisoner’s sentence at the time of release to assist the prisoner in determining his or her status with regard to the completion of all terms of sentence, as that term is defined in s. 98.0751.
(2) This section shall not apply to prisoners who are discharged from a county detention facility to the custody or control of the Department of Corrections.
History.—s. 1, ch. 2006-174; s. 53, ch. 2014-191; s. 32, ch. 2019-162.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 957 - Correctional Privatization › 957.05 - Requirements for Contractors Operating Private Correctional Facilities.

957.05 Requirements for contractors operating private correctional facilities.—
(1) Each contractor entering into a contract under this chapter is liable in tort with respect to the care and custody of inmates under its supervision and for any breach of contract. Sovereign immunity may not be raised by a contractor, or the insurer of that contractor on the contractor’s behalf, as a defense in any action arising out of the performance of any contract entered into under this chapter or as a defense in tort, or any other application, with respect to the care and custody of inmates under the contractor’s supervision and for any breach of contract.
(2)(a) The training requirements, including inservice training requirements, for employees of a contractor that assumes the responsibility for the operation and maintenance of a private correctional facility must meet or exceed the requirements for similar employees of the department or the training requirements mandated for accreditation by the American Correctional Association, whichever of those requirements are the more demanding. All employee training expenses are the responsibility of the contractor.
(b) Employees of a contractor who are responsible for the supervision of inmates shall have the same legal authority to rely on nondeadly and deadly force as do similar employees of the department.
(3) Any contractor or person employed by a contractor operating a correctional or detention facility pursuant to a contract executed under this chapter shall be exempt from the requirements of chapter 493, relating to licensure of private investigators and security officers.
History.—s. 40, ch. 93-406; s. 57, ch. 96-312.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 957 - Correctional Privatization › 957.06 - Powers and Duties Not Delegable to Contractor.

957.06 Powers and duties not delegable to contractor.—A contract entered into under this chapter does not authorize, allow, or imply a delegation of authority to the contractor to:
(1) Make a final determination on the custody classification of an inmate. The contractor may submit a recommendation for a custody change on an inmate; however, any recommendation made shall be in compliance with the department’s custody classification system.
(2) Choose the facility to which an inmate is initially assigned or subsequently transferred. The contractor may request, in writing, that an inmate be transferred to a facility operated by the department. The contractor and the department shall develop and implement a cooperative agreement for transferring inmates between a correctional facility operated by the department and a private correctional facility. The department and the contractor must comply with the cooperative agreement.
(3) Develop or adopt disciplinary rules or penalties that differ from the disciplinary rules and penalties that apply to inmates housed in correctional facilities operated by the department.
(4) Make a final determination on a disciplinary action that affects the liberty of an inmate. The contractor may remove an inmate from the general prison population during an emergency, before final resolution of a disciplinary hearing, or in response to an inmate’s request for assigned housing in protective custody.
(5) Make a decision that affects the sentence imposed upon or the time served by an inmate, including a decision to award, deny, or forfeit gain-time.
(6) Make recommendations to the Florida Commission on Offender Review with respect to the denial or granting of parole, control release, conditional release, or conditional medical release. However, the contractor may submit written reports to the Florida Commission on Offender Review and must respond to a written request by the Florida Commission on Offender Review for information.
(7) Develop and implement requirements that inmates engage in any type of work.
(8) Determine inmate eligibility for any form of conditional, temporary, or permanent release from a correctional facility.
History.—s. 40, ch. 93-406; s. 3, ch. 94-148; s. 49, ch. 95-283; s. 14, ch. 2004-248; s. 54, ch. 2014-191; s. 13, ch. 2023-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 957 - Correctional Privatization › 957.08 - Capacity Requirements.

957.08 Capacity requirements.—The department shall transfer and assign prisoners to each private correctional facility opened pursuant to this chapter in an amount not less than 90 percent or more than 100 percent of the capacity of the facility pursuant to the contract. The prisoners transferred by the department shall represent a cross-section of the general inmate population, based on the grade of custody or the offense of conviction, at the most comparable facility operated by the department.
History.—s. 40, ch. 93-406; s. 16, ch. 2004-248; s. 15, ch. 2023-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 957 - Correctional Privatization › 957.09 - Applicability of Chapter to Other Provisions of Law.

957.09 Applicability of chapter to other provisions of law.—
(1)(a) Any offense that if committed at a state correctional facility would be a crime is a crime if committed by or with regard to inmates at private correctional facilities operated pursuant to a contract entered into under this chapter.
(b) All laws relating to commutation of sentences, release and parole eligibility, and the award of sentence credits apply to inmates incarcerated in a private correctional facility operated pursuant to a contract entered into under this chapter.
(2) The provisions of this chapter are supplemental to the provisions of ss. 944.105 and 944.710-944.719. However, in any conflict between a provision of this chapter and a provision of such other sections, the provision of this chapter shall prevail.
(3) The provisions of law governing the participation of minority business enterprises are applicable to this chapter.
(4) The provisions of this chapter do not apply to contracts between the department and county and municipal entities, other states, political subdivisions of another state, or correctional management service vendors in another state for the transfer and confinement of state inmates.
History.—s. 40, ch. 93-406; s. 13, ch. 2009-63.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 957 - Correctional Privatization › 957.11 - Evaluation of Costs and Benefits of Contracts.

957.11 Evaluation of costs and benefits of contracts.—The Office of Program Policy Analysis and Government Accountability shall develop and implement an evaluation of the costs and benefits of each contract entered into under this chapter. This evaluation must include a comparison of the costs and benefits of constructing and operating prisons by the state versus by private contractors. The Office of Program Policy Analysis and Government Accountability shall also evaluate the performance of the private contractor at the end of the term of each management contract and make recommendations to the Speaker of the House of Representatives and the President of the Senate on whether to continue the contract.
History.—s. 40, ch. 93-406; s. 136, ch. 2001-266.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 957 - Correctional Privatization › 957.12 - Prohibition on Contact.

957.12 Prohibition on contact.—A bidder or potential bidder is not permitted to have any contact with any member or employee of or consultant to the department regarding a request for proposal, a proposal, or the evaluation or selection process from the time a request for proposals for a private correctional facility is issued until the time a notification of intent to award is announced, except if such contact is in writing or in a meeting for which notice was provided in the Florida Administrative Register.
History.—s. 40, ch. 93-406; s. 6, ch. 94-148; s. 59, ch. 2013-14; s. 16, ch. 2023-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 957 - Correctional Privatization › 957.13 - Background Checks.

957.13 Background checks.—
(1) The Florida Department of Law Enforcement may accept fingerprints of individuals who apply for employment at a private correctional facility and who are required to have background checks under the provisions of this chapter.
(2) The Florida Department of Law Enforcement may, to the extent provided for by federal law, provide for the exchange of state, multistate, and federal criminal history records of individuals who apply for employment at a private correctional facility for the purpose of conducting background checks as required by law or contract.
History.—s. 7, ch. 94-148; s. 17, ch. 2004-248.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 957 - Correctional Privatization › 957.14 - Contract Termination and Control of a Correctional Facility by the Department.

957.14 Contract termination and control of a correctional facility by the department.—A detailed plan shall be provided by a private vendor under which the department shall assume temporary control of a private correctional facility upon termination of the contract. The department may terminate the contract with cause after written notice of material deficiencies and after 60 workdays in order to correct the material deficiencies. If any event occurs that involves the noncompliance with or violation of contract terms and that presents a serious threat to the safety, health, or security of the inmates, employees, or the public, the department may temporarily assume control of the private correctional facility. A plan shall also be provided by a private vendor for the purchase and temporary assumption of operations of a correctional facility by the department in the event of bankruptcy or the financial insolvency of the private vendor. The private vendor shall provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or other serious events in accordance with standards of the American Correctional Association.
History.—s. 4, ch. 94-148; s. 18, ch. 2004-248; s. 17, ch. 2023-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 957 - Correctional Privatization › 957.15 - Funding of Contracts for Operation, Maintenance, and Lease-Purchase of Private Correctional Facilities.

957.15 Funding of contracts for operation, maintenance, and lease-purchase of private correctional facilities.—The request for appropriation of funds to make payments pursuant to contracts entered into by the department for the operation, maintenance, and lease-purchase of the private correctional facilities authorized by this chapter shall be included in its budget request to the Legislature as a separately identified item. After an appropriation has been made by the Legislature to the department for the private correctional facilities, the department shall have no authority over such funds other than to pay from such appropriation to the appropriate private vendor such amounts as are certified for payment by the department.
History.—s. 23, ch. 95-325; s. 19, ch. 2004-248; s. 18, ch. 2023-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 957 - Correctional Privatization › 957.16 - Expanding Capacity.

957.16 Expanding capacity.—The department is authorized to modify and execute agreements with contractors to expand up to the total capacity of contracted correctional facilities. Total capacity means the design capacity of all contracted correctional facilities increased by one-half as described under s. 944.023(1)(b). Any additional beds authorized under this section must comply with the cost-saving requirements set forth in s. 957.07. Any additional beds authorized as a result of expanded capacity under this section are contingent upon specified appropriations.
History.—s. 5, ch. 95-251; s. 20, ch. 2004-248; s. 19, ch. 2023-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 958 - Youthful Offenders › 958.021 - Legislative Intent.

958.021 Legislative intent.—The purpose of this chapter is to improve the chances of correction and successful return to the community of youthful offenders sentenced to imprisonment by providing them with enhanced vocational, educational, counseling, or public service opportunities and by preventing their association with older and more experienced criminals during the terms of their confinement. It is the further purpose of this chapter to encourage citizen volunteers from the community to contribute time, skills, and maturity toward helping youthful offenders successfully reintegrate into the community and to require youthful offenders to participate in substance abuse and other types of counseling and programs at each youthful offender institution. It is the further intent of the Legislature to provide an additional sentencing alternative to be used in the discretion of the court when dealing with offenders who have demonstrated that they can no longer be handled safely as juveniles and who require more substantial limitations upon their liberty to ensure the protection of society.
History.—s. 2, ch. 78-84; s. 18, ch. 85-288; s. 97, ch. 94-209.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 958 - Youthful Offenders › 958.03 - Definitions.

958.03 Definitions.—As used in this act:
(1) “Department” means the Department of Corrections.
(2) “Community control program” means a form of intensive supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community control is an individualized program in which the freedom of the offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.
(3) “Court” means a judge or successor who designates a defendant as a youthful offender.
(4) “Probation” means a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s. 948.03.
(5) “Youthful offender” means any person who is sentenced as such by the court or is classified as such by the department pursuant to s. 958.04.
History.—s. 3, ch. 78-84; s. 119, ch. 79-3; s. 19, ch. 85-288; s. 98, ch. 94-209; s. 145, ch. 2019-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 958 - Youthful Offenders › 958.046 - Placement in County-Operated Boot Camp Programs for Youthful Offenders.

958.046 Placement in county-operated boot camp programs for youthful offenders.—In counties where there are county-operated youthful offender boot camp programs, other than boot camps described in s. 958.04, the court may sentence a youthful offender to such a boot camp. In county-operated youthful offender boot camp programs, juvenile offenders shall not be commingled with youthful offenders.
History.—s. 50, ch. 95-283; s. 62, ch. 98-280; s. 9, ch. 2006-62; s. 121, ch. 2006-120; s. 17, ch. 2010-113; s. 147, ch. 2019-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 958 - Youthful Offenders › 958.06 - Suspension of Sentence by Court.

958.06 Suspension of sentence by court.—The court, upon motion of the defendant, or upon its own motion, may within 60 days after imposition of sentence suspend the further execution of the sentence and place the defendant on probation in a community control program upon such terms as the court may require. The department shall forward to the court, not later than 3 working days prior to the hearing on the motion, all relevant material on the youthful offender’s progress while in custody.
History.—s. 7, ch. 78-84.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 958 - Youthful Offenders › 958.07 - Presentence Report; Access by Defendant.

958.07 Presentence report; access by defendant.—The defendant is entitled to an opportunity to present to the court facts which would materially affect the decision of the court to adjudicate the defendant a youthful offender. The defendant, his or her attorney, and the state shall be entitled to inspect all factual material contained in the comprehensive presentence report or diagnostic reports prepared or received by the department. The victim, the victim’s parent or guardian if the victim is a minor, the lawful representative of the victim or of the victim’s parent or guardian if the victim is a minor, or the victim’s next of kin in the case of a homicide may review the presentence investigation report as provided in s. 960.001(1)(g)2. The court may withhold from disclosure to the defendant and his or her attorney sources of information which have been obtained through a promise of confidentiality. In all cases in which parts of the report are not disclosed, the court shall state for the record the reasons for its action and shall inform the defendant and his or her attorney that information has not been disclosed.
History.—s. 8, ch. 78-84; s. 102, ch. 94-209; s. 1704, ch. 97-102; s. 2, ch. 2001-209.