reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.31 - Restitution and Other Payments.

945.31 Restitution and other payments.—The department may establish bank accounts outside the State Treasury for the purpose of collecting and disbursing restitution and other court-ordered payments from persons in its custody or under its supervision, and may collect an administrative processing fee in an amount equal to 4 percent of the gross amounts of such payments. Such administrative processing fee shall be deposited in the department’s Operating Trust Fund and shall be used to offset the cost of the department’s services. The department is authorized to deposit or transfer into the General Revenue Fund:
(1) Offender overpayments that are less than $10 at the end of the offender’s supervision.
(2) Offender funds that are not claimed within 1 year after supervision is terminated.
(3) Victim restitution payments that are not claimed within 1 year after the offender’s supervision is terminated.
(4) Interest earned on balances in the COPS bank accounts.
(5) Payments that cannot be identified and are not claimed within 1 year after they are received.
History.—s. 11, ch. 89-526; s. 14, ch. 93-120; s. 32, ch. 95-283; s. 5, ch. 98-388; s. 1, ch. 2003-136.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.355 - HIV Testing of Inmates Prior to Release.

945.355 HIV testing of inmates prior to release.—
(1) As used in this section, the term “HIV test” means a test ordered to determine the presence of the antibody or antigen to human immunodeficiency virus or the presence of human immunodeficiency virus infection.
(2) If an inmate’s HIV status is unknown to the department, the department shall, pursuant to s. 381.004(2), perform an HIV test on the inmate not less than 60 days prior to the inmate’s presumptive release date from prison by reason of parole, accumulation of gain-time credits, or expiration of sentence. An inmate who is known to the department to be HIV positive or who has been tested within the previous year and does not request retesting need not be tested under this section but is subject to subsections (4) and (5). However, an inmate who is released due to an emergency is exempt from the provisions of this section.
(3) The department shall record the results of the HIV test in the inmate’s medical record.
(4) Pursuant to ss. 381.004(2) and 945.10, the department shall notify the Department of Health and the county health department where the inmate plans to reside regarding an inmate who is known to be HIV positive or has received an HIV positive test result under this section prior to the release of that inmate.
(5) Prior to the release of an inmate who is known to be HIV positive or who has received a positive HIV test result under this section, the department shall provide special transitional assistance to the inmate, which must include:
(a) Education on preventing the transmission of HIV to others and on the importance of receiving followup care and treatment.
(b) A written, individualized discharge plan that includes referrals to and contacts with the county health department and local HIV primary care services in the area where the inmate plans to reside.
(c) A 30-day supply of all HIV/AIDS-related medications that the inmate is taking prior to release under the protocols of the Department of Corrections and the treatment guidelines of the United States Department of Health and Human Services.
(6) Notwithstanding any provision of the Florida Statutes providing for a waiver of sovereign immunity, neither the state, its agencies, subdivisions nor employees of the state, its agencies, or subdivisions shall be liable to any person for negligently causing death or personal injury arising out of complying with this section.
History.—ss. 1, 6, ch. 2002-292; s. 112, ch. 2003-1; s. 113, ch. 2013-15.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.36 - Law Enforcement Personnel Authorized to Conduct Drug Tests on Inmates and Releasees.

945.36 Law enforcement personnel authorized to conduct drug tests on inmates and releasees.—
(1) Any law enforcement officer, state or county probation officer, employee of the Department of Corrections, or employee of a contracted community correctional center who is certified by the Department of Corrections pursuant to subsection (2) may administer a urine screen drug test to:
(a) Persons during incarceration;
(b) Persons released as a condition of probation for either a felony or misdemeanor;
(c) Persons released as a condition of community control;
(d) Persons released as a condition of conditional release;
(e) Persons released as a condition of parole;
(f) Persons released as a condition of provisional release;
(g) Persons released as a condition of pretrial release; or
(h) Persons released as a condition of control release.
(2) The Department of Corrections shall develop a procedure for certification of any law enforcement officer, state or county probation officer, employee of the Department of Corrections, or employee of a contracted community correctional center to perform a urine screen drug test on the persons specified in subsection (1).
History.—s. 1, ch. 90-205; s. 79, ch. 95-211; s. 6, ch. 2017-31; s. 126, ch. 2018-24.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.40 - Corrections Mental Health Act; Short Title for Ss. 945.40-945.49.

945.40 Corrections Mental Health Act; short title for ss. 945.40-945.49.—Sections 945.40-945.49 shall be known and may be cited as the “Corrections Mental Health Act.”
History.—s. 1, ch. 82-224; s. 29, ch. 84-361.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.41 - Legislative Intent of Ss. 945.40-945.49.

945.41 Legislative intent of ss. 945.40-945.49.—It is the intent of the Legislature that mentally ill inmates in the custody of the Department of Corrections receive evaluation and appropriate treatment for their mental illness through a continuum of services. It is further the intent of the Legislature that:
(1) Inmates in the custody of the department who have mental illnesses that require hospitalization and intensive psychiatric inpatient treatment or care receive appropriate treatment or care in Department of Corrections mental health treatment facilities designated for that purpose. The Department of Corrections shall provide mental health services to inmates committed to it and may contract with any entities, persons, or agencies qualified to provide such services.
(2) Mental health treatment facilities be secure and adequately equipped and staffed for the provision of mental health services and that, to the extent possible, such services be provided in the least restrictive manner consistent with optimum improvement of the inmate’s condition.
(3) Inmates who are transferred to any facility for the purpose of mental health treatment be given consideration for parole and be eligible for release by reason of gain-time allowances as provided in s. 944.291 and release by expiration of sentence, consistent with guidelines established for that purpose by the department.
(4) Any inmate sentenced as a youthful offender, or designated as a youthful offender by the department under chapter 958, who is transferred pursuant to this act to a mental health treatment facility be separated from other inmates, if necessary, as determined by the warden of the treatment facility.
(5) The department may designate mental health treatment facilities for adult, youthful, and female offenders or may contract with other appropriate entities, persons, or agencies for such services.
History.—s. 1, ch. 82-224; s. 29, ch. 84-361; s. 2, ch. 96-422; s. 317, ch. 99-8; s. 18, ch. 2000-161; s. 10, ch. 2008-250; s. 12, ch. 2010-64.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.44 - Emergency Placement of Inmate in a Mental Health Treatment Facility.

945.44 Emergency placement of inmate in a mental health treatment facility.—
(1) CRITERIA.—An inmate may be placed in a mental health treatment facility on an emergency basis if he or she is mentally ill and in immediate need of care and treatment, as defined in s. 945.42.
(2) PROCEDURE FOR EMERGENCY PLACEMENT.—An inmate who is mentally ill and in immediate need of care and treatment that cannot be provided at the institution where he or she is confined may be placed in a mental health treatment facility on an emergency basis. The inmate may be placed immediately in a mental health treatment facility and shall be accompanied by the recommendation of the warden of the institution where the inmate is confined, which recommendation must state the need for the emergency placement and include a written opinion of a physician verifying the need for the emergency placement. Upon the emergency placement of the inmate in the facility, the inmate shall be evaluated; if he or she is determined to be in need of treatment or care, the warden shall initiate proceedings for placement of the inmate, as described in s. 945.43(2).
History.—s. 1, ch. 82-224; s. 29, ch. 84-361; s. 5, ch. 96-422; s. 1861, ch. 97-102; s. 21, ch. 2000-161; s. 13, ch. 2008-250.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.46 - Initiation of Involuntary Placement Proceedings With Respect to a Mentally Ill Inmate Scheduled for Release.

945.46 Initiation of involuntary placement proceedings with respect to a mentally ill inmate scheduled for release.—
(1) If an inmate who is receiving mental health treatment in the department is scheduled for release through expiration of sentence or any other means, but continues to be mentally ill and in need of care and treatment, as defined in s. 945.42, the warden is authorized to initiate procedures for involuntary placement pursuant to s. 394.467, 60 days prior to such release.
(2) In addition, the warden may initiate procedures for involuntary examination pursuant to s. 394.463 for any inmate who has a mental illness and meets the criteria of s. 394.463(1).
(3) The department may transport an individual who is being released from its custody to a receiving or treatment facility for involuntary examination or placement. Such transport shall be made to a facility that is specified by the Department of Children and Families as able to meet the specific needs of the individual. If the Department of Children and Families does not specify a facility, transport may be made to the nearest receiving facility.
History.—s. 1, ch. 82-224; s. 29, ch. 84-361; s. 7, ch. 96-422; s. 23, ch. 2000-161; s. 15, ch. 2008-250; s. 15, ch. 2010-64; s. 326, ch. 2014-19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.47 - Discharge of Inmate From Mental Health Treatment.

945.47 Discharge of inmate from mental health treatment.—
(1) An inmate who has been transferred for the purpose of mental health treatment shall be discharged from treatment by the warden under the following conditions:
(a) If the inmate is no longer in need of care and treatment, as defined in s. 945.42, he or she may be transferred out of the mental health treatment facility and provided with appropriate mental health services; or
(b) If the inmate’s sentence expires during his or her treatment, but he or she is no longer in need of care and treatment as an inpatient, the inmate may be released with a recommendation for outpatient treatment, pursuant to the provisions of ss. 945.40-945.49.
(2) At any time that an inmate who has received mental health treatment while in the custody of the department becomes eligible for release under supervision or upon end of sentence, a record of the inmate’s mental health treatment may be provided to the Florida Commission on Offender Review and to the Department of Children and Families upon request. The record shall include, at a minimum, a summary of the inmate’s diagnosis, length of stay in treatment, clinical history, prognosis, prescribed medication, treatment plan, and recommendations for aftercare services.
History.—s. 1, ch. 82-224; s. 29, ch. 84-361; s. 59, ch. 88-122; s. 8, ch. 96-422; s. 1863, ch. 97-102; s. 318, ch. 99-8; s. 24, ch. 2000-161; s. 16, ch. 2008-250; s. 327, ch. 2014-19; s. 38, ch. 2014-191.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.49 - Operation and Administration.

945.49 Operation and administration.—
(1) ADMINISTRATION.—The department is authorized to contract with the appropriate entities, agencies, persons, and local governing bodies to provide mental health services pursuant to ss. 945.40-945.49.
(2) RULES.—The department, in cooperation with the Mental Health Program Office of the Department of Children and Families, shall adopt rules necessary for administration of ss. 945.40-945.49 in accordance with chapter 120.
(3) ORIENTATION AND TRAINING.—Correctional officers employed by a mental health treatment facility shall receive specialized training above and beyond that required for basic certification pursuant to chapter 943.
(4) STATUS OF INMATE.—An inmate receiving mental health treatment shall be subject to the same standards applied to other inmates in the department, including, but not limited to, consideration for parole, release by reason of gain-time allowances as provided for in s. 944.291, and release by expiration of sentence.
History.—s. 1, ch. 82-224; s. 29, ch. 84-361; s. 322, ch. 96-410; s. 10, ch. 96-422; s. 319, ch. 99-8; s. 18, ch. 2008-250; s. 328, ch. 2014-19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.6031 - Required Reports and Surveys.

945.6031 Required reports and surveys.—
(1) Not less than annually, the authority shall report to the Governor and the Legislature the status of the Department of Corrections’ health care delivery system. The report must include, but need not be limited to:
(a) Recommendations regarding cost containment measures the Department of Corrections could implement; and
(b) Recommendations regarding performance and financial audits of the Department of Corrections’ Office of Health Services.
(2) The authority shall conduct surveys of the physical and mental health care system at each correctional institution at least triennially and shall report the survey findings for each institution to the Secretary of Corrections.
(3) Deficiencies found by the authority to be life-threatening or otherwise serious shall be immediately reported to the Secretary of Corrections. The Department of Corrections shall take immediate action to correct life-threatening or otherwise serious deficiencies identified by the authority and within 3 calendar days file a written corrective action plan with the authority indicating the actions that will be taken to address the deficiencies. Within 60 calendar days following a survey, the authority shall submit a report to the Secretary of Corrections indicating deficiencies found at the institution.
(4) Within 30 calendar days after the receipt of a survey report from the authority, the Department of Corrections shall file a written corrective action plan with the authority, indicating the actions which will be taken to address deficiencies determined by the authority to exist at an institution. Each plan shall set forth an estimate of the time and resources needed to correct identified deficiencies.
(5) The authority shall monitor the Department of Corrections’ implementation of corrective actions which have been taken at each institution to address deficiencies related to the Department of Corrections’ provision of physical and mental health care services found to exist by the authority.
(6) Failure of the Department of Corrections to file a corrective action plan or to timely implement the provisions of a corrective action plan correcting identified deficiencies may result in the initiation of the dispute resolution procedures by the authority pursuant to s. 945.6035.
History.—s. 3, ch. 90-83; s. 32, ch. 91-201; s. 5, ch. 91-429; s. 3, ch. 92-47; s. 22, ch. 95-325; s. 18, ch. 96-312; s. 118, ch. 97-237.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.6032 - Quality Management Program Requirements.

945.6032 Quality management program requirements.—
(1) The authority shall appoint a medical review committee pursuant to s. 766.101 to provide oversight for the Department of Corrections’ inmate health care quality management program. The authority shall also designate one of its members to serve on the Department of Corrections’ medical review committee in order to ensure coordination between the department and the authority with regard to issues of quality management and to enhance the authority’s oversight of the Department of Corrections’ quality management system.
(2) The authority’s medical review committee shall review amendments to the Department of Corrections’ inmate health care quality management program prior to implementation by the department.
(3) The findings and recommendations of a medical review committee created by the authority or the department pursuant to s. 766.101 are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and any proceedings of the committee are exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution.
History.—s. 4, ch. 90-83; s. 32, ch. 91-201; s. 5, ch. 91-429; s. 4, ch. 92-47; s. 2, ch. 94-73; s. 449, ch. 96-406; s. 119, ch. 97-237.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.6033 - Continuing Contracts With Health Care Providers.

945.6033 Continuing contracts with health care providers.—The Department of Corrections may enter into continuing contracts with licensed health care providers, including hospitals and health maintenance organizations, for the provision of inmate health care services which the department is unable to provide in its facilities.
History.—s. 87, ch. 88-122.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.6034 - Minimum Health Care Standards.

945.6034 Minimum health care standards.—
(1) The Assistant Secretary for Health Services is responsible for developing a comprehensive health care delivery system and promulgating all department health care standards. Such health care standards shall include, but are not limited to, rules relating to the management structure of the health care system and the provision of health care services to inmates, health care policies, health care plans, quality management systems and procedures, health service bulletins, and treatment protocols.
(2) The department shall submit all health care standards to the authority for review prior to adoption. The authority shall review all department health care standards to determine whether they conform to the standard of care generally accepted in the professional health community at large.
(3) The department shall comply with all adopted department health care standards. Failure of the department to comply with the standards may result in a dispute resolution proceeding brought by the authority pursuant to s. 945.6035, but shall not create a cause of action for any third parties, including inmates or former inmates.
History.—s. 5, ch. 92-47.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.6036 - Enforcement.

945.6036 Enforcement.—
(1) If the department fails to substantially comply with the dispute resolution decision of the Administration Commission or fails to implement required remedial action within 45 days after such decision or within the time period set by the Administration Commission, whichever period is longer, the authority is authorized to petition the Circuit Court in Leon County for an order requiring the department to comply. For the purposes of this section, “substantial compliance” means a firm effort to comply fully with the decision without omitting any essential part, and that any omission consists solely of an unimportant defect.
(2) If the authority fails to initiate a circuit court proceeding pursuant to this section, an inmate has the right to file a verified petition with the authority requesting that such a proceeding be initiated. The petition shall set forth with particularity the manner in which the department has failed to implement the decision of the Administration Commission, including any required remedial actions. The authority has 45 days after receipt of a verified petition to either initiate an action in circuit court pursuant to this section or advise the inmate in writing of the reason such an action will not be initiated.
(3) Within 30 days after service of the written decision of the authority setting forth its reason why an action will not be initiated by the authority pursuant to this section, an inmate may initiate an appropriate proceeding in the Circuit Court in Leon County to require the department to substantially comply with the decision of the Administration Commission.
History.—s. 7, ch. 92-47.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.6037 - Nonemergency Health Care; Inmate Copayments.

945.6037 Nonemergency health care; inmate copayments.—
(1)(a) For each nonemergency visit by an inmate to a health care provider which is initiated by the inmate, the inmate must make a copayment of $5. A copayment may not be charged for the required initial medical history and physical examination of the inmate.
(b) The copayment for an inmate’s health care must be deducted from any existing balance in the inmate’s bank account. If the account balance is insufficient to cover the copayment, 50 percent of each deposit to the account must be withheld until the total amount owed has been paid.
(c) The proceeds of each copayment must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund pursuant to s. 945.215(1)(d) or into the General Revenue Fund as provided in s. 945.215(2)(b).
(d) The department may waive all or part of the copayment for an inmate’s visit to a health care provider if the health care:
1. Is provided in connection with an extraordinary event that could not reasonably be foreseen, such as a disturbance or a natural disaster;
2. Is an institutionwide health care measure that is necessary to address the spread of specific infectious or contagious diseases;
3. Is provided under a contractual obligation that is established under the Interstate Corrections Compact or under an agreement with another jurisdiction which precludes assessing such a copayment;
4. Was initiated by the health care provider or consists of routine follow-up care;
5. Is initiated by the inmate to voluntarily request an HIV test;
6. Produces an outcome that requires medical action to protect staff or inmates from a communicable disease; or
7. When the inmate is referred to mental health evaluation or treatment by a correctional officer, correctional probation officer, or other person supervising an inmate worker.
(2) The department may provide by rule for a supplemental copayment for a medical consultation relating to an inmate’s health care and occurring outside the prison or for a prosthetic device for an inmate. The supplemental copayment must be used to defray all or part of the security costs associated with the surveillance and transport of the inmate to the outside consultation or with the fitting and maintenance of the prosthetic device. The proceeds of each supplemental copayment must be deposited into the General Revenue Fund.
(3)(a) An inmate may not be denied access to health care as a result of not paying any copayment or supplemental copayment that is provided for in this section.
(b) An inmate must not be given preferential access to health care as a result of paying any copayment or supplemental copayment that is provided for in this section.
(c) The expenses and operating capital outlay required to develop, implement, and maintain the medical copayment accounting system must be appropriated by the Legislature.
History.—s. 7, ch. 94-273; s. 33, ch. 95-283; s. 7, ch. 97-260; s. 12, ch. 2003-179; s. 6, ch. 2009-63; s. 2, ch. 2023-244.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.6038 - Inmate Litigation Costs.

945.6038 Inmate litigation costs.—
(1) The department shall charge an inmate for the following and place a lien on the inmate’s trust fund account if the inmate has insufficient funds at the time the charges are imposed:
(a) Costs of duplication of documents and accompanying evidentiary materials needed to initiate civil proceedings in judicial or administrative forums or that must be filed or served in a pending civil proceeding. The following costs are authorized:
1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/2 inches; or
2. For all other copies, the actual cost of duplication.
(b) Postage and any special delivery charges, if required by law or rule, for mail to courts, attorneys, parties, and other persons required to be served.
(2) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section.
(3) This section is not intended to create any legal rights or obligations that do not otherwise exist. This section is not intended to limit or preclude the department from charging for duplication of its records as allowed under chapter 119, nor is it intended to create a right to substitute a lien in lieu of payment for public records.
History.—s. 1, ch. 2006-294.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.6041 - Inmate Medical Services.

945.6041 Inmate medical services.—
(1) As used in this section, the term:
(a) “Emergency medical transportation services” includes, but is not limited to, services rendered by ambulances, emergency medical services vehicles, and air ambulances as those terms are defined in s. 401.23.
(b) “Health care provider” means:
1. A hospital licensed under chapter 395.
2. A physician or physician assistant licensed under chapter 458.
3. An osteopathic physician or physician assistant licensed under chapter 459.
4. A podiatric physician licensed under chapter 461.
5. A health maintenance organization certificated under part I of chapter 641.
6. An ambulatory surgical center licensed under chapter 395.
7. A professional association, partnership, corporation, joint venture, or other association established by the individuals set forth in subparagraphs 2., 3., and 4. for professional activity.
8. An other medical facility.
a. As used in this subparagraph, the term “other medical facility” means:
(I) A facility the primary purpose of which is to provide human medical diagnostic services, or a facility providing nonsurgical human medical treatment which discharges patients on the same working day that the patients are admitted; and
(II) A facility that is not part of a hospital.
b. The term does not include a facility existing for the primary purpose of performing terminations of pregnancy, or an office maintained by a physician or dentist for the practice of medicine.
(2) Compensation to a health care provider to provide inmate medical services may not exceed 110 percent of the Medicare allowable rate if the health care provider does not have a contract to provide services with the department or the private correctional facility, as defined in s. 944.710, which houses the inmate. However, compensation to a health care provider may not exceed 125 percent of the Medicare allowable rate if:
(a) The health care provider does not have a contract to provide services with the department or the private correctional facility, as defined in s. 944.710, which houses the inmate; and
(b) The health care provider reported a negative operating margin for the previous year to the Agency for Health Care Administration through hospital-audited financial data.
(3) Compensation to an entity to provide emergency medical transportation services for inmates may not exceed 110 percent of the Medicare allowable rate if the entity does not have a contract with the department or a private correctional facility, as defined in s. 944.710, to provide the services.
(4) This section does not apply to charges for medical services provided at a hospital operated by the department.
History.—s. 8, ch. 2009-63; s. 64, ch. 2022-138.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.71 - Inmate Training Programs; Intent and Purposes.

945.71 Inmate training programs; intent and purposes.—It is the intent of ss. 945.71-945.74 to authorize the establishment of structured disciplinary training programs within the Department of Corrections expressly intended to instill self-discipline, improve work habits, and improve self-confidence for inmates.
History.—s. 24, ch. 92-310.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.72 - Eligibility and Screening of Inmates.

945.72 Eligibility and screening of inmates.—
(1) The provisions of ss. 945.71-945.74 apply to all eligible inmates in state correctional institutions.
(2) Upon receipt of an inmate into the prison system, the department shall screen the inmate for the training program. To participate, an inmate must have no physical limitations which would preclude participation in strenuous activity and must not be impaired. In screening an inmate for the training program, the department shall consider the inmate’s criminal history and the possible rehabilitative benefits of “shock” incarceration.
History.—s. 25, ch. 92-310.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.73 - Inmate Training Program Operation.

945.73 Inmate training program operation.—
(1) The department shall, subject to specific legislative appropriation, develop and implement training programs for eligible inmates which include, but are not limited to, marching drills, calisthenics, a rigid dress code, work assignments, physical training, training in decisionmaking and personal development, drug counseling, education, and rehabilitation.
(2) Only inmates eligible for control release pursuant to s. 947.146 shall be permitted to participate in the training program.
(3) The inmate training program shall provide a short incarceration period of rigorous training to inmates who require a greater degree of supervision than is provided for those on community control or probation. The inmate training program is not intended to divert offenders away from probation or community control, but to divert them from long periods of incarceration when a short “shock” incarceration could produce the same deterrent effect.
(4) Upon an inmate’s completion of the inmate training program, the department shall submit a report to the releasing authority that describes the inmate’s performance. If the performance has been satisfactory, the releasing authority shall establish a release date which is within 30 days following program completion. As a condition of release, the inmate shall be placed on community supervision as provided in chapter 947, and shall be subject to the conditions established therefor.
(5) If an inmate in the training program becomes unmanageable, the department may place the inmate in the general inmate population to complete the remainder of his or her sentence. Any period of time in which the inmate is unable to participate in the inmate training program activities may be excluded from the specified time requirements in the inmate training program. The portion of the sentence served prior to placement in the inmate training program shall not be counted toward program completion.
(6) The department shall work cooperatively with the Control Release Authority, the Florida Commission on Offender Review, or such other authority as may exist or be established in the future which is empowered by law to effect the release of an inmate who has successfully completed the requirements established by ss. 945.71-945.74.
(7) The department shall provide a special training program for staff selected to operate the inmate training program.
History.—s. 26, ch. 92-310; s. 1665, ch. 97-102; s. 114, ch. 2013-18; s. 39, ch. 2014-191.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.74 - Implementation.

945.74 Implementation.—The department shall implement the inmate training program to the fullest extent feasible within the parameters of ss. 945.71-945.74.
History.—s. 27, ch. 92-310; s. 89, ch. 2000-158.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part I - Correctional Work Programs, Generally (Ss. 946.002-946.42) › 946.205 - Institutional work.

946.205 Institutional work.—The department may cause to be cultivated by the inmates of the adult correctional institutions that are under the control and supervision of the department such food items as are grown on farms or in gardens generally, and as are needed and used in the state institutions. The department may sell any surplus food items to the corporation authorized under part II of this chapter. Any proceeds received from such sales by the department shall be deposited into the Correctional Work Program Trust Fund. The department may also use the services of inmates of the adult correctional institutions that are under the control and supervision of the department to perform such work as is needed and used within the state institutions.
History.—s. 8, ch. 99-260; s. 16, ch. 2000-155.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part I - Correctional Work Programs, Generally (Ss. 946.002-946.42) › 946.25 - Sale of hobbycrafts by prisoners.

946.25 Sale of hobbycrafts by prisoners.—When, in the planning of the rehabilitation program of the Department of Corrections through its recreational facilities, plans are made for prisoners to engage in hobbies and hobbycrafts after their normal working hours and when they are not required by the warden of a state prison or correctional institution to be on their assigned duties, they may make items of a hobby or hobbycraft nature which may be disposed of by the prisoner through the institutional canteen or commissary to persons visiting the institution.
History.—s. 10, ch. 96-270; s. 46, ch. 96-312; s. 26, ch. 2000-161.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part I - Correctional Work Programs, Generally (Ss. 946.002-946.42) › 946.31 - Sources of fund.

946.31 Sources of fund.—If any general service operation of an institution is transferred to the work program operation by the Department of Corrections, all assets and liabilities of such operation shall become a part of the Correctional Work Program Trust Fund. All income, receipts, earnings, and profits from work programs operated by the department shall be credited to the Correctional Work Program Trust Fund, to be used for the purposes set forth; however, if the earned surplus in the fund at the end of any fiscal year exceeds $5 million, one-half of such amount in excess of this amount shall be deposited in the General Revenue Fund, and the other half shall be used by the department for the expansion and improvement of inmate work programs.
History.—s. 2, ch. 57-314; s. 1, ch. 61-384; s. 18, ch. 61-530; s. 3, ch. 63-176; s. 8, ch. 69-82; s. 13, ch. 76-273; s. 1, ch. 77-174; s. 1, ch. 77-317; s. 43, ch. 96-312; s. 3, ch. 99-260; s. 133, ch. 2001-266.
Note.—Former s. 945.18.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part I - Correctional Work Programs, Generally (Ss. 946.002-946.42) › 946.32 - Use of fund.

946.32 Use of fund.—Except as otherwise provided by law, the funds shall be used for the purposes of financing the operation of inmate work programs herein set forth, and all costs of operation of such work programs shall be paid from this fund, including compensation of all personnel whose time or proportion of time is devoted to such work program operations. The Department of Corrections shall establish budgeting and cost accounting procedures to provide comparative analysis of each work program unit. The department shall prepare and issue annual consolidated and individual institution financial statements, including, but not limited to, balance sheets and operating statements for work programs. Any withdrawals from the Correctional Work Program Trust Fund which do not relate to the operation of inmate work programs shall be identified separately in the operating statements. The Department of Corrections shall have the authority to use moneys in the Correctional Work Program Trust Fund to enter into lease-purchase agreements for the lease of fixtures and equipment over periods of time exceeding the current fiscal year. The department shall have the authority to construct buildings or make capital improvements for the operation of the work programs. The ownership of any permanent enhancements made to facilities or work programs is vested in the Department of Corrections.
History.—s. 3, ch. 57-314; ss. 19, 35, ch. 69-106; s. 14, ch. 76-273; s. 1, ch. 77-174; s. 94, ch. 79-3; s. 44, ch. 96-312; s. 4, ch. 99-260.
Note.—Former s. 945.19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part I - Correctional Work Programs, Generally (Ss. 946.002-946.42) › 946.33 - Disbursements from fund.

946.33 Disbursements from fund.—The funds in the Correctional Work Program Trust Fund shall be deposited in the State Treasury and paid out only on warrants drawn by the Chief Financial Officer, duly approved by the Department of Corrections. The department shall maintain all necessary records and accounts relative to such funds.
History.—s. 4, ch. 57-314; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 79, ch. 77-120; s. 95, ch. 79-3; s. 5, ch. 99-260; s. 1930, ch. 2003-261.
Note.—Former s. 945.20.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part I - Correctional Work Programs, Generally (Ss. 946.002-946.42) › 946.40 - Use of prisoners in public works.

946.40 Use of prisoners in public works.—
(1) The Department of Corrections shall, subject to the availability of funds appropriated for that purpose, and, in the absence of such funds, may, enter into agreements with such political subdivisions in the state, as defined by s. 1.01(8), including municipalities; with such agencies and institutions of the state; and with such nonprofit corporations as might use the services of inmates of correctional institutions and camps when it is determined by the department that such services will not be detrimental to the welfare of such inmates or the interests of the state in a program of rehabilitation. An agreement for use of fewer than 15 minimum custody inmates and medium custody inmates may provide that supervision will be either by the department or by the political subdivision, institution, nonprofit corporation, or agency using the inmates. The department is authorized to adopt rules governing work and supervision of inmates used in public works projects, which rules shall include, but shall not be limited to, the proper screening and supervision of such inmates. Inmates may be used for these purposes without being accompanied by a correctional officer, provided the political subdivision, municipality, or agency of the state or the nonprofit corporation provides proper supervision pursuant to the rules of the Department of Corrections.
(2) The budget of the department may be reimbursed from the budget of any state agency or state institution for the services of inmates and personnel of the department in such amounts as may be determined by agreement between the department and the head of such agency or institution. However, no political subdivision of the state shall be required to reimburse the department for such services.
(3) The department shall not be required to provide supervision for minimum custody inmates or medium custody inmates unless there is adequate notice of the need for the services of at least 15 such inmates.
(4) No person convicted of sexual battery pursuant to s. 794.011 is eligible for any program under the provisions of this section.
History.—s. 11, ch. 57-213; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 10, ch. 76-273; s. 1, ch. 83-175; s. 12, ch. 85-288; s. 11, ch. 85-340; s. 3, ch. 87-211; s. 2, ch. 87-286; s. 2, ch. 91-225; s. 8, ch. 91-280; s. 83, ch. 92-142; s. 22, ch. 93-156; s. 3, ch. 94-265; s. 93, ch. 95-211; s. 18, ch. 97-94.
Note.—Former s. 945.11.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part I - Correctional Work Programs, Generally (Ss. 946.002-946.42) › 946.41 - Promotion of inmate work programs; safety signage.

946.41 Promotion of inmate work programs; safety signage.—The department shall, to the extent possible and within existing resources, promote inmate work programs to the public which may include any or all of the following: signs clearly displayed which identify inmate work crews as inmates working in the community under the supervision of the department or another entity, signs clearly displayed on vehicles commonly utilized for the purpose of transporting inmate work crews working in the community, or signs clearly displayed by the supervising entity in public areas when inmate work crews are performing roadway maintenance or when safety signs are otherwise required. The department may also provide a uniform of distinctive design for inmate work crews in the community, including work crews under the supervision of another entity.
History.—s. 37, ch. 95-283.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part I - Correctional Work Programs, Generally (Ss. 946.002-946.42) › 946.42 - Use of inmates on private property.

946.42 Use of inmates on private property.—
(1) The department may allow inmates who meet the criteria provided in s. 946.40 to enter onto private property to perform public works or for the following purposes:
(a) To accept and collect donations for the use and benefit of the department.
(b) To assist federal, state, local, and private agencies before, during, and after emergencies or disasters.
(2) As used in this section, the term:
(a) “Disaster” means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, the Governor, or the President of the United States.
(b) “Donations” means gifts of tangible personal property and includes equipment, fixtures, construction materials, food items, and other tangible personal property of a consumable or nonconsumable nature.
(c) “Emergency” means any occurrence or threat of an occurrence, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population or substantial damage to or loss of property.
History.—s. 16, ch. 2010-64.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.501 - Findings of fact.

946.501 Findings of fact.—
(1) It is the finding of the Legislature that correctional work programs of the Department of Corrections are uniquely different from other programs operated or conducted by other departments in that it is essential to the state that the work programs provide inmates with useful activities that can lead to meaningful employment after release in order to assist in reducing the return of inmates to the system.
(2) It is further the finding of the Legislature that the mission of a correctional work program is, in order of priority:
(a) To provide a joint effort between the department, the correctional work programs, and other vocational training programs to reinforce relevant education, training, and postrelease job placement and help reduce recommitment.
(b) To serve the security goals of the state through the reduction of idleness of inmates and the provision of an incentive for good behavior in prison.
(c) To reduce the cost of state government by operating enterprises primarily with inmate labor, which enterprises do not seek to unreasonably compete with private enterprise.
(d) To serve the rehabilitative goals of the state by duplicating, as nearly as possible, the operating activities of a free-enterprise type of profitmaking enterprise.
(3) It is further the finding of the Legislature that a program which duplicates as closely as possible free-world production and service operations in order to aid inmates in adjustment after release and to prepare inmates for gainful employment is in the best interests of the state, inmates, and the general public.
History.—s. 1, ch. 83-209; s. 4, ch. 87-286; s. 26, ch. 89-526.
Note.—Former s. 946.005.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.502 - Legislative intent with respect to operation of correctional work programs.

946.502 Legislative intent with respect to operation of correctional work programs.—
(1) It is the intent of the Legislature that a nonprofit corporation lease and manage the correctional work programs of the Department of Corrections.
(2) It is further the intent of the Legislature that, once one such nonprofit corporation is organized, no other nonprofit corporation be organized for the purpose of carrying out this part. In carrying out this part, the corporation is not an “agency” within the meaning of s. 20.03(1).
(3) It is further the intent of the Legislature that the corporation shall lease all correctional work programs from the department.
(4) It is further the intent of the Legislature that the state shall have a continuing interest in assuring continuity and stability in the operation of correctional work programs and that this part be construed in furtherance of such goals.
(5) It is further the intent of the Legislature that, although the state has a continuing interest in correctional work programs, such programs can best operate independently of state government.
(6) It is further the intent of the Legislature that the corporation will devise and operate correctional work programs to utilize inmates of all custody levels, with specific emphasis on reducing idleness among close custody inmates.
History.—s. 2, ch. 83-209; ss. 1, 2, ch. 83-345; s. 1, ch. 84-280; ss. 4, 5, ch. 87-286; s. 27, ch. 89-526; s. 1, ch. 96-270; s. 1, ch. 2001-242; s. 131, ch. 2023-8.
Note.—Former s. 946.01.