reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 948 - Probation and Community Control › 948.064 - Notification of Status as a Violent Felony Offender of Special Concern.

948.064 Notification of status as a violent felony offender of special concern.—
(1) To facilitate the information available to the court at first appearance hearings and at all subsequent hearings for “violent felony offenders of special concern,” as defined in s. 948.06, the Department of Corrections shall, no later than October 1, 2007, develop a system for identifying the offenders in the department’s database and post on the Department of Law Enforcement’s Criminal Justice Intranet a listing of all “violent felony offenders of special concern” who are under community supervision.
(2) The county where the arrested person is booked shall provide the following information to the court at the time of the first appearance:
(a) State and national criminal history information;
(b) All criminal justice information available in the Florida Crime Information Center and the National Crime Information Center; and
(c) Notice that the arrested person meets the requirement for restrictions on pretrial release pending the probation-violation hearing or community-control-violation hearing in s. 903.0351(1)(b).
(3) The courts shall assist the department’s dissemination of critical information by creating and maintaining an automated system to provide the information as specified in this section to the court with the jurisdiction to conduct the hearings.
(4) The state attorney, or the statewide prosecutor if applicable, shall advise the court at each critical stage in the judicial process, at which the state attorney or statewide prosecutor is represented, whether an alleged or convicted offender is a violent felony offender of special concern; a person who is on felony probation or community control for any offense committed on or after the effective date of this act and who is arrested for a qualifying offense; or a person who is on felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b), a three-time violent felony offender as defined in s. 775.084(1)(c), or a sexual predator under s. 775.21, and who is arrested for committing a qualifying offense on or after the effective date of this act.
History.—s. 4, ch. 2007-2; s. 58, ch. 2016-24.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 948 - Probation and Community Control › 948.10 - Community Control Programs; Home Confinement.

948.10 Community control programs; home confinement.—
(1) The Department of Corrections shall develop and administer a community control program. This program shall be rigidly structured and designed to accommodate offenders who, in the absence of such a program, would have been incarcerated in a jail or prison. The program shall focus on the provision of home confinement subject to an authorized level of limited freedom and special conditions that are commensurate with the seriousness of the crime. The program shall offer the courts and the Florida Commission on Offender Review an alternative, community-based method to punish an offender in lieu of incarceration and shall provide intensive supervision to closely monitor compliance with restrictions and special conditions, including, but not limited to, treatment or rehabilitative programs. The targeted population for this community control program includes:
(a) Probation violators charged with technical violations or new violations of law.
(b) Parole or conditional release violators charged with technical violations or new violations of law.
(c) Individuals found guilty of felonies who, due to their criminal backgrounds or the seriousness of the offenses, would not be placed on regular probation.
(2) Caseloads should be restricted to a maximum of 30 cases per officer in order to ensure an adequate level of staffing. Community control is an individualized program in which the offender is restricted to a residential treatment facility or a nursing facility or restricted to his or her approved residence subject to an authorized level of limited freedom.
(3) Procedures governing violations of community control are the same as those described in s. 948.06 with respect to probation.
(4) Upon completion of the sanctions imposed and before the expiration of the community control term ordered by the court, the department may petition the court to terminate early the supervision of the offender from community control supervision or to return the offender to a program of regular probation supervision for the remainder of the term. In considering the petition, the court should recognize the limited staff resources committed to the community control program, the purpose of the program, and the offender’s successful compliance with the conditions set forth in the order of the court.
History.—ss. 12, 13, 21, ch. 83-131; s. 77, ch. 85-62; s. 4, ch. 87-211; ss. 62, 69, ch. 88-122; s. 18, ch. 90-337; s. 15, ch. 91-225; ss. 1, 16, ch. 91-280; s. 14, ch. 93-227; s. 1690, ch. 97-102; s. 6, ch. 97-239; s. 6, ch. 2001-209; s. 3, ch. 2003-142; ss. 3, 6, 7, 30, ch. 2004-373; s. 7, ch. 2007-2; s. 6, ch. 2008-250; s. 51, ch. 2014-191; s. 11, ch. 2017-115; s. 136, ch. 2019-167.
Note.—Subsection (2) former s. 948.01(10); subsection (9) former s. 948.01(9); subsection (10) former s. 948.01(5).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 948 - Probation and Community Control › 948.101 - Terms and Conditions of Community Control.

948.101 Terms and conditions of community control.—
(1) The court shall determine the terms and conditions of community control. Conditions specified in this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control. The court shall require intensive supervision and surveillance for an offender placed into community control, which may include, but is not limited to:
(a) Specified contact with the parole and probation officer.
(b) Confinement to an agreed-upon residence during hours away from employment and public service activities.
(c) Mandatory public service.
(d) Supervision by the Department of Corrections by means of an electronic monitoring device or system.
(e) The standard conditions of probation set forth in s. 948.03.
(2) The enumeration of specific kinds of terms and conditions does not prevent the court from adding any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in another state if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, or a residential treatment facility owned or operated by any entity providing such services.
History.—s. 16, ch. 83-131; s. 5, ch. 87-211; s. 37, ch. 89-526; s. 4, ch. 91-280; ss. 14, 15, ch. 93-227; s. 17, ch. 96-322; ss. 11, 15, ch. 2004-373; s. 30, ch. 2008-172; s. 20, ch. 2010-64; s. 13, ch. 2010-113; s. 30, ch. 2016-224; s. 12, ch. 2017-115.
Note.—Subsection (1) former s. 948.03(2); subsection (3) former s. 948.01(14).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 948 - Probation and Community Control › 948.11 - Electronic Monitoring Devices.

948.11 Electronic monitoring devices.—
(1) The Department of Corrections shall electronically monitor an offender sentenced to community control when the court has imposed electronic monitoring as a condition of community control.
(2) Any offender placed under supervision who violates the terms and conditions of supervision and is restored to supervision may be supervised by means of an electronic monitoring device or system if ordered by the court.
(3) For those offenders being electronically monitored, the Department of Corrections shall develop procedures to determine, investigate, and report the offender’s noncompliance with the terms and conditions of sentence 24 hours per day. All reports of noncompliance shall be immediately investigated by a probation officer.
(4) The Department of Corrections may contract with local law enforcement agencies to assist in the location and apprehension of offenders who are in noncompliance as reported by the electronic monitoring system. This contract is intended to provide the department a means for providing immediate investigation of noncompliance reports, especially after normal office hours.
(5) Any person being electronically monitored by the department as a result of being placed on supervision shall pay the department for the electronic monitoring services as provided in s. 948.09(2).
(6) For probationers, community controllees, or conditional releasees who have current or prior convictions for violent or sexual offenses, the department, in carrying out a court or commission order to electronically monitor an offender, must use a system that actively monitors and identifies the offender’s location and timely reports or records the offender’s presence near or within a crime scene or in a prohibited area or the offender’s departure from specified geographic limitations. Procurement of electronic monitoring services under this subsection shall be by competitive procurement in accordance with s. 287.057.
History.—s. 5, ch. 87-211; s. 37, ch. 89-526; ss. 4, 9, ch. 91-280; s. 15, ch. 93-227; s. 16, ch. 2004-373; s. 18, ch. 2005-28; s. 12, ch. 2009-63; s. 21, ch. 2010-64; s. 14, ch. 2010-113; s. 2, ch. 2016-15; s. 13, ch. 2017-115.
Note.—Subsections (1)-(4) former s. 948.03(3).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 948 - Probation and Community Control › 948.12 - Intensive Supervision for Postprison Release of Violent Offenders.

948.12 Intensive supervision for postprison release of violent offenders.—It is the finding of the Legislature that the population of violent offenders released from state prison into the community poses the greatest threat to the public safety of the groups of offenders under community supervision. Therefore, for the purpose of enhanced public safety, any offender released from state prison who:
(1) Was most recently incarcerated for an offense that is or was contained in category 1 (murder, manslaughter), category 2 (sexual offenses), category 3 (robbery), or category 4 (violent personal crimes) of Rules 3.701 and 3.988, Florida Rules of Criminal Procedure (1993), and who has served at least one prior felony commitment at a state or federal correctional institution;
(2) Was sentenced as a habitual offender, violent habitual offender, or violent career criminal pursuant to s. 775.084; or
(3) Has been found to be a sexual predator pursuant to s. 775.21,
and who has a term of probation to follow the period of incarceration shall be provided intensive supervision by experienced correctional probation officers. Subject to specific appropriation by the Legislature, caseloads may be restricted to a maximum of 40 offenders per officer to provide for enhanced public safety as well as to effectively monitor conditions of electronic monitoring or curfews, if such was ordered by the court.
History.—s. 11, ch. 97-78; s. 17, ch. 2004-371; s. 59, ch. 2016-24.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 948 - Probation and Community Control › 948.20 - Drug Offender Probation.

948.20 Drug offender probation.—
(1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant’s Criminal Punishment Code scoresheet total sentence points are 60 points or fewer, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. In either case, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a postadjudicatory treatment-based drug court program if the defendant otherwise qualifies. As used in this section, the term “nonviolent felony” means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08.
(2) The Department of Corrections shall develop and administer a drug offender probation program which emphasizes a combination of treatment and intensive community supervision approaches and which includes provision for supervision of offenders in accordance with a specific treatment plan. The program may include the use of graduated sanctions consistent with the conditions imposed by the court. Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered.
(3) Offenders placed on drug offender probation are subject to revocation of probation as provided in s. 948.06.
History.—s. 14, ch. 91-225; s. 6, ch. 97-239; s. 4, ch. 2001-55; s. 10, ch. 2004-373; s. 7, ch. 2009-64; s. 5, ch. 2011-33; s. 137, ch. 2019-167.
Note.—Former s. 948.01(13).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 948 - Probation and Community Control › 948.301 - Electronic Monitoring as a Condition of Probation or Community Control for Certain Offenders.

948.301 Electronic monitoring as a condition of probation or community control for certain offenders.—
(1) As used in this section, the term “school” means the grounds or facility of any early learning, prekindergarten, kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or private.
(2) Effective for any probationer or community controllee whose crime was committed on or after October 1, 2023, and who is placed under supervision for a violation of s. 790.115, s. 790.161, s. 790.1615, s. 790.162, s. 790.163, s. 790.164, s. 790.165, s. 790.166, s. 810.095, or s. 836.10, committed at or against a school or against a student while he or she is at school, the court must consider whether conditions of electronic monitoring and a prohibition from being within 1,000 feet of any school are appropriate for the offender.
History.—s. 2, ch. 2023-225.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 948 - Probation and Community Control › 948.31 - Evaluation and Treatment of Sexual Predators and Offenders on Probation or Community Control.

948.31 Evaluation and treatment of sexual predators and offenders on probation or community control.—The court may require any probationer or community controllee who is required to register as a sexual predator under s. 775.21 or sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo an evaluation, at the probationer or community controllee’s expense, by a qualified practitioner to determine whether such probationer or community controllee needs sexual offender treatment. If the qualified practitioner determines that sexual offender treatment is needed and recommends treatment, the probationer or community controllee must successfully complete and pay for the treatment. Such treatment must be obtained from a qualified practitioner as defined in s. 948.001. Treatment may not be administered by a qualified practitioner who has been convicted or adjudicated delinquent of committing, or attempting, soliciting, or conspiring to commit, any offense that is listed in s. 943.0435(1)(h)1.a.(I).
History.—s. 1, ch. 81-198; s. 3, ch. 83-75; s. 16, ch. 83-131; s. 192, ch. 83-216; s. 37, ch. 89-526; s. 4, ch. 91-280; s. 13, ch. 99-201; s. 3, ch. 2000-246; s. 17, ch. 2004-373; s. 32, ch. 2008-172; s. 13, ch. 2010-92; s. 16, ch. 2014-4; s. 61, ch. 2016-24; s. 14, ch. 2016-104; s. 28, ch. 2021-156.
Note.—Former s. 948.03(4).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 948 - Probation and Community Control › 948.32 - Requirements of Law Enforcement Agency Upon Arrest of Persons for Certain Sex Offenses.

948.32 Requirements of law enforcement agency upon arrest of persons for certain sex offenses.—
(1) When any state or local law enforcement agency investigates or arrests a person for committing, or attempting, soliciting, or conspiring to commit, a violation of s. 787.025(2)(c), s. 787.06(3)(g), chapter 794, former s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, or s. 847.0145, the law enforcement agency shall contact the Department of Corrections to verify whether the person under investigation or under arrest is on probation, community control, parole, conditional release, or control release.
(2) If the law enforcement agency finds that the person under investigation or under arrest is on probation, community control, parole, conditional release, or control release, the law enforcement agency shall immediately notify the person’s probation officer or release supervisor of the investigation or the arrest.
History.—s. 13, ch. 97-299; s. 3, ch. 2000-246; s. 28, ch. 2004-373; s. 7, ch. 2006-299; s. 32, ch. 2014-160.
Note.—Former s. 948.06(2).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 948 - Probation and Community Control › 948.90 - Local Offender Advisory Councils.

948.90 Local offender advisory councils.—
(1) It is the intent of the Legislature that cities and counties or combinations thereof have the option to develop, establish, and maintain community programs to provide the judicial system with community alternatives for certain nonviolent offenders who may require less than institutional custody but more than probation supervision pursuant to this chapter. It is further intended that such programs provide increased opportunities for offenders to make restitution to victims of crime through financial reimbursement or community service, while promoting efficiency and economy in the delivery of correctional services.
(2) In the event that a city or county or a combination thereof elects to develop, establish, and maintain such community program, it shall provide support to a local offender advisory council composed of members appointed by the city or county governing body; if a council is established by more than one local government, an equal number of members shall be appointed by each participating governing body. Each council shall also include in its membership two persons appointed by the chief judge of the circuit serving the jurisdiction or jurisdictions participating on the committee and one person appointed by the appropriate regional office of the Department of Corrections. Each such council shall be responsible for:
(a) Identifying and developing community services and programs for use by the courts in diverting offenders from state correctional institutions.
(b) Providing a mechanism whereby all offenders with needs for services will be linked to appropriate agencies and individuals.
(c) Upon referral to the council by the circuit court, determining if an appropriate behavioral contract can be developed with an offender in a community program as an alternative to incarceration, and providing findings and recommendations to the referring judge.
History.—s. 28, ch. 83-131; s. 78, ch. 85-62.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 949 - Parole and Probation: General Provisions › 949.01 - Juvenile Matters Unaffected.

949.01 Juvenile matters unaffected.—Nothing in chapters 947-949 shall be construed to change or modify the law respecting parole and probation as administered by a circuit court exercising juvenile jurisdiction.
History.—s. 30, ch. 20519, 1941; s. 44, ch. 73-334.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 949 - Parole and Probation: General Provisions › 949.02 - Youth Parolees.

949.02 Youth parolees.—Nothing in chapters 947-949 shall be construed to change or modify the law respecting paroles as administered by the Department of Juvenile Justice.
History.—s. 31, ch. 20519, 1941; s. 1, ch. 57-317; ss. 19, 35, ch. 69-106; s. 477, ch. 77-147; s. 324, ch. 99-8.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 949 - Parole and Probation: General Provisions › 949.04 - Law to Be Liberally Construed.

949.04 Law to be liberally construed.—Chapters 947-949 shall be liberally construed that its objects may be achieved.
History.—s. 33, ch. 20519, 1941.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 949 - Parole and Probation: General Provisions › 949.05 - Constitutionality.

949.05 Constitutionality.—
(1) If any clause, sentence, paragraph, section, or part of chapters 947-949 shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional, invalid, or void, such judgment shall not affect, impair, or invalidate the remainder of the law, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
(2) If the method of selecting the commission members as herein provided is found to be invalid by reason of the vesting of the appointing power in the Governor and Cabinet, the members of the Florida Commission on Offender Review herein provided for shall be appointed by the Governor.
History.—s. 34, ch. 20519, 1941; s. 1, ch. 65-453; s. 33, ch. 69-106; s. 63, ch. 88-122; s. 52, ch. 2014-191.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 949 - Parole and Probation: General Provisions › 949.06 - Short Title: Chs. 947, 948, and 949.

949.06 Short title: chs. 947, 948, and 949.—Chapters 947, 948, and 949 (except ss. 949.07-949.09) shall be known as the “Parole and Probation Law.”
History.—s. 36, ch. 20519, 1941.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 949 - Parole and Probation: General Provisions › 949.071 - Definition of “State” as Used in S. 949.07; Further Declaration Relating to Interstate Compacts.

949.071 Definition of “state” as used in s. 949.07; further declaration relating to interstate compacts.—
(1) The term “state,” as used in s. 949.07, relating to and authorizing and directing the Governor to enter into an interstate compact in behalf of Florida with any state of the United States for out-of-state supervision of probationers and parolees, and prescribing the form to be substantially used for any such compact, means any one of the several states, the District of Columbia, and any other territorial possession of the United States.
(2) It is hereby recognized and further declared that pursuant to the consent and authorization contained in s. 112 of Title 4 of the United States Code, this state shall be a party to the Interstate Compact for Adult Offender Supervision, with any additional jurisdiction legally joining in the compact when such jurisdiction enacts the compact in accordance with the terms thereof.
History.—s. 1, ch. 57-89; s. 9, ch. 2001-209; s. 46, ch. 2010-117.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 949 - Parole and Probation: General Provisions › 949.072 - State Council for Interstate Adult Offender Supervision.

949.072 State Council for Interstate Adult Offender Supervision.—
(1) The Secretary of Corrections, or the secretary’s designee, shall serve as the compact administrator for the state and as the state’s commissioner to the Interstate Commission for Adult Offender Supervision.
(2) The State Council for Interstate Adult Offender Supervision is established and shall consist of seven members. The Secretary of Corrections, or the secretary’s designee, shall serve as chairperson of the state council. The Governor shall appoint the remaining members of the state council, which must include a representative of a victims assistance organization.
(a) Each member shall be appointed to a 4-year term of office. In order to achieve staggered terms, of those members first appointed, three members shall be appointed for terms of 2 years each, and three members shall be appointed for terms of 4 years each.
(b) The state council shall meet at least twice a year.
(c) The members of the state council shall serve without compensation, but are entitled to reimbursement for travel and per diem expenses in accordance with s. 112.061.
History.—s. 10, ch. 2001-209.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 949 - Parole and Probation: General Provisions › 949.08 - Department of Corrections May Expend Funds Relating to Compacts; Limitation on Assessments.

949.08 Department of Corrections may expend funds relating to compacts; limitation on assessments.—
(1) The Department of Corrections may expend funds as necessary to carry out the terms, conditions, and intents of a compact entered into by the state pursuant to s. 949.07.
(2) Notwithstanding subsection (2) of article X of s. 949.07, the state shall reduce the amount paid as the state’s assessment under the compact entered into under s. 949.07 so that the total collected from the annual assessment does not exceed the amount appropriated for the assessment by the Legislature for any single fiscal year.
History.—s. 2, ch. 20455, 1941; s. 1, ch. 65-453; s. 91, ch. 77-120; s. 110, ch. 79-3; s. 11, ch. 2001-209; s. 116, ch. 2013-18.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 949 - Parole and Probation: General Provisions › 949.09 - Short Title: Ss. 949.07-949.08.

949.09 Short title: ss. 949.07-949.08.—Sections 949.07-949.08 may be cited as the “Interstate Compact for Adult Offender Supervision.”
History.—s. 4, ch. 20455, 1941; s. 12, ch. 2001-209.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 950 - Jails and Jailers › 950.001 - Regional Jails; Establishment, Operation.

950.001 Regional jails; establishment, operation.—
(1) Any combination of two or more counties may establish a regional jail, which shall be maintained and operated in accordance with the provisions of chapter 951.
(2) Any regional jail shall be supervised and managed by a board consisting of one county commissioner from each participating county and the sheriff from each participating county. The county commissioner shall be selected by the board of county commissioners of each county, respectively.
(3) Each board shall:
(a) Promulgate rules and regulations relating to the management, maintenance, and operation of the regional jail, provided that such rules and regulations are consistent with Department of Corrections standards.
(b) Acquire land for construction of a regional jail upon approval of participating boards of county commissioners.
(c) Employ required personnel pursuant to chapter 943, giving first priority, wherever possible, to persons employed by the county jails of the participating counties.
(d) Appoint a superintendent for the regional jail.
(e) Purchase casualty and other insurance for protection of the participating counties.
(f) Elect a chairperson and secretary.
(g) Submit an annual report to each of the participating boards of county commissioners and to the secretary of the Department of Corrections, which report shall be due on July 1 of each year. Such report shall include a summary of activities and budgetary data.
(4) Each participating county shall be responsible:
(a) For its proportionate share of maintenance, operational, and fixed capital outlay expenses.
(b) For the cost of transportation for an offender under the county’s jurisdiction for the duration of the offender’s confinement.
(5)(a) A county may elect to withdraw from participation in a regional jail, provided that such withdrawal is approved by a unanimous vote of the regional jail board and the boards of county commissioners of all participating counties.
(b) The withdrawing county shall remain obligated for the payment of its proportionate share of any lease agreement entered into by participating counties, unless otherwise provided by the regional jail board.
History.—s. 12, ch. 86-183; s. 54, ch. 91-110.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 950 - Jails and Jailers › 950.01 - Confinement in Jail of Another County.

950.01 Confinement in jail of another county.—When it appears to the court at the time of passing sentence upon any prisoner who is to be punished by imprisonment in the county jail that there is no jail in the county suitable for the confinement of such prisoner, the court may order the sentence to be executed in any county in this state in which there may be a jail suited to that purpose, and the expense of supporting such prisoner shall be borne by the county in which the offense was committed.
History.—s. 25, ch. 1637, sub-ch. 13, 1868; RS 3027; GS 4104; RGS 6208; CGL 8540; s. 1, ch. 61-488.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 950 - Jails and Jailers › 950.02 - Removal to Jail of Another County.

950.02 Removal to jail of another county.—
(1) When in the opinion of the Governor and the interests of the state demand it, the circuit judge shall, upon the request of the Governor, sheriff, or chief correctional officer, make an order directing that any person held under a criminal charge shall be confined in the jail of another county of the state than that in which the offense charged is alleged to have been committed.
(2) When it shall be made to appear to a circuit judge to be necessary to quickly remove a prisoner to the jail of another county for safekeeping or to prevent injury to such prisoner, the circuit judge shall make an order directing that any person held under a criminal charge shall be confined in the jail of another county of the state than that in which the offense is alleged to have been committed.
(3) No order above referred to shall be made except by the judge of the circuit in which the county where the offense is alleged to have been committed is located. Such order shall be of full force and effect throughout the state, but the county to which the prisoner is sent, or any officer thereof, is not required to incur or pay any expense or charge of maintaining such prisoner.
History.—ss. 1, 2, ch. 3207, 1881; RS 3028; GS 4105; RGS 6209; CGL 8541; ss. 1-3, ch. 20414, 1941; s. 20, ch. 91-225.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 950 - Jails and Jailers › 950.03 - County Jailers to Receive United States Prisoners.

950.03 County jailers to receive United States prisoners.—The keeper of the jail in each county within this state shall receive into his or her custody any prisoner who may be committed to the keeper’s charge under the authority of the United States and shall safely keep each prisoner according to the warrant or precept for such commitment until he or she is discharged by due course of law of the United States.
History.—s. 1, ch. 85, 1847; RS 3029; GS 4106; RGS 6210; CGL 8542; s. 1692, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 950 - Jails and Jailers › 950.04 - Penalty for Neglect of Duty in Keeping Prisoners of the United States.

950.04 Penalty for neglect of duty in keeping prisoners of the United States.—The keeper of each jail shall be subject to the same penalties for any neglect or failure of duty in keeping prisoners who are committed to his or her charge under the authority of the United States as he or she would be subject to under the laws of this state for the like neglect or failure in the case of prisoners committed under the authority of the said laws; provided, the United States pays or causes to be paid to the jailer such fees as the jailer would be entitled to for like service rendered by virtue of the existing laws of this state during the time such prisoners shall be therein confined; and moreover, supports such of the prisoners as shall be committed for offenses.
History.—s. 2, ch. 85, 1847; RS 3030; GS 4107; RGS 6211; CGL 8543; s. 1693, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 950 - Jails and Jailers › 950.061 - Unlawful for Male and Female Prisoners to Be Confined Together.

950.061 Unlawful for male and female prisoners to be confined together.—It is unlawful for male and female prisoners in said jails to be confined in the same cell, room, or apartment, or be so confined as to be permitted to commingle, and the sheriffs of this state shall confine and separate all prisoners in their custody or charge in accordance with this chapter.
History.—s. 1, ch. 65-172.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 950 - Jails and Jailers › 950.09 - Malpractice by Jailers.

950.09 Malpractice by jailers.—If any jailer shall, by too great duress of imprisonment or otherwise, make or induce a prisoner to disclose and give evidence against some other person, or be guilty of willful inhumanity and oppression to any prisoner under his or her care and custody, the jailer shall be punished by removal from office and shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 20, Feb. 10, 1832; RS 2574; GS 3490; RGS 5366; CGL 7500; s. 1178, ch. 71-136; s. 1694, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.01 - County Prisoners May Be Put to Labor.

951.01 County prisoners may be put to labor.—The board of county commissioners of each county may employ all persons in the jail of their respective counties under sentence upon conviction for crime at labor upon the roads, bridges, or other public works of the county where they are so imprisoned, or on other projects for which the governing body of the county could otherwise lawfully expend public funds and which it determines to be necessary for the health, safety, and welfare of the county.
History.—s. 1, ch. 2090, 1877; RS 3032; GS 4109; s. 1, ch. 5705, 1907; s. 1, ch. 5963, 1909; RGS 6217; s. 1, ch. 7323, 1917; s. 1, ch. 9203, 1923; CGL 8549; s. 44, ch. 57-121; s. 1, ch. 61-488; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 92, ch. 77-120; s. 111, ch. 79-3; s. 2, ch. 94-149; s. 28, ch. 96-312.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.03 - County Commissioners to Provide Food, Etc.

951.03 County commissioners to provide food, etc.—Boards of county commissioners, when working county prisoners on the public works of the counties shall provide, or cause to be provided, substantial food, clothes, shoes, medical attention, etc., for said prisoners as are required for state prisoners in the state.
History.—s. 1, ch. 2090, 1877; RS 3032; GS 4109; s. 1, ch. 5705, 1907; s. 1, ch. 5963, 1909; RGS 6217; s. 1, ch. 7323, 1917; s. 1, ch. 9203, 1923; CGL 8549; s. 1, ch. 61-488.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.032 - Financial Responsibility for Medical Expenses.

951.032 Financial responsibility for medical expenses.—
(1) A county detention facility or municipal detention facility incurring expenses for providing medical care, treatment, hospitalization, or transportation may seek reimbursement for the expenses incurred in the following order:
(a) From the prisoner or person receiving medical care, treatment, hospitalization, or transportation by deducting the cost from the prisoner’s cash account on deposit with the detention facility. If the prisoner’s cash account does not contain sufficient funds to cover medical care, treatment, hospitalization, or transportation, then the detention facility may place a lien against the prisoner’s cash account or other personal property, to provide payment in the event sufficient funds become available at a later time. Any existing lien may be carried over to future incarceration of the same prisoner as long as the future incarceration takes place within the county originating the lien and the future incarceration takes place within 3 years of the date the lien was placed against the prisoner’s account or other personal property.
(b) From an insurance company, health care corporation, or other source if the prisoner or person is covered by an insurance policy or subscribes to a health care corporation or other source for those expenses.
(2) A prisoner who receives medical care, treatment, hospitalization, or transportation shall cooperate with the county detention facility or municipal detention facility in seeking reimbursement under paragraphs (1)(a) and (b) for expenses incurred by the facility for the prisoner. A prisoner who willfully refuses to cooperate with the reimbursement efforts of the detention facility may have a lien placed against the prisoner’s cash account or other personal property and may not receive gain-time as provided by s. 951.21.
History.—s. 2, ch. 83-189; s. 45, ch. 95-283.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.033 - Income and Assets; Payment of Subsistence Costs.

951.033 Income and assets; payment of subsistence costs.—
(1) The Legislature finds that there is an urgent need to alleviate the increasing financial burdens on local subdivisions of the state caused by the expenses of incarcerating prisoners. In addition to a prisoner’s cash account on deposit in local detention facilities, many prisoners have sources of income and assets outside of the facility, which may include bank accounts, inheritances, real estate, social security payments, veteran’s payments, and other types of financial resources.
(2) The local detention facility shall determine the financial status of prisoners for the purpose of paying from their income and assets all or a fair portion of their daily subsistence costs. In determining the financial status of prisoners, any income exempt by state or federal law shall be excluded. Consideration shall be given to the prisoner’s ability to pay, the liability or potential liability of the prisoner to the victim or guardian or the estate of the victim, and his or her dependents.
(3) The chief correctional officer of a local subdivision may direct a prisoner to pay for all or a fair portion of daily subsistence costs. A prisoner is entitled to reasonable advance notice of the assessment and shall be afforded an opportunity to present reasons for opposition to the assessment.
(4) An order from the chief correctional officer directing payment of all or a fair portion of a prisoner’s daily subsistence costs may survive against the estate of the sentenced prisoner.
(5) The chief correctional officer may seek payment for the prisoner’s subsistence costs from:
(a) The prisoner’s cash account on deposit at the facility; or
(b) A civil restitution lien on the prisoner’s cash account on deposit at the facility or on other personal property.
(6) If the prisoner’s cash account at the local detention facility does not contain sufficient funds to cover subsistence costs, the chief correctional officer may place a civil restitution lien against the prisoner’s cash account or other personal property. A civil restitution lien may continue for a period of 3 years and applies to the cash account of any prisoner who is reincarcerated within the county in which the civil restitution lien was originated.
History.—s. 21, ch. 96-312.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.04 - Furnishing of Transportation to Discharged Prisoners.

951.04 Furnishing of transportation to discharged prisoners.—When a prisoner is discharged by reasons of having served his or her sentence, or upon receiving a pardon or parole, he or she shall be furnished transportation, or its equivalent in money, back to the place from which the prisoner was sentenced.
History.—s. 1, ch. 2090, 1877; RS 3032; GS 4109; s. 1, ch. 5705, 1907; s. 1, ch. 5963, 1909; RGS 6217; s. 1, ch. 7323, 1917; s. 1, ch. 9203, 1923; CGL 8549; s. 1, ch. 61-488; s. 1695, ch. 97-102; s. 1, ch. 99-361.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.05 - Working County Prisoners on Roads and Bridges or Other Public Works of the County; Hiring Out to Another County.

951.05 Working county prisoners on roads and bridges or other public works of the county; hiring out to another county.—The board of county commissioners of the several counties may require all county prisoners under sentence confined in the jail of their respective counties for any offense to labor upon the public roads, bridges, farms, or other public works owned and operated by the county, or on other projects for which the governing body of the county could otherwise lawfully expend public funds and which it determines to be necessary for the health, safety, and welfare of the county, or in the event the county commissioners of any county deem it to the best interest of their county, they may hire out their prisoners to any other county in the state to be worked upon the public roads, bridges, or other public works of that county, or on other projects for which the governing body of that county could otherwise lawfully expend public funds and which it determines to be necessary for the health, safety, and welfare of that county, or they may, upon such terms as may be agreed upon between themselves and the Department of Transportation, lease or let said prisoners to the department instead of keeping them in the county jail where they are sentenced. The money derived from the hire of such prisoners shall be paid to the county hiring out such prisoners and placed to the credit of the fine and forfeiture fund of the county.
History.—s. 13, ch. 6537, 1913; RGS 6218; s. 2, ch. 9203, 1923; CGL 8550; s. 1, ch. 61-488; ss. 23, 35, ch. 69-106; s. 3, ch. 94-149; s. 121, ch. 99-385.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.06 - Employment of Correctional Officers; Duties; Salary.

951.06 Employment of correctional officers; duties; salary.—
(1) The county commissioners shall designate a chief correctional officer and such correctional officers as they deem necessary.
(2) All chief correctional officers of prisoners shall see that all rules and regulations prescribed by law or the department are fully observed and complied with; enforce discipline among the prisoners in and about the camps; and administer punishment to prisoners, when in their judgment the same is necessary in order to enforce proper discipline, conforming always to the law and rules and regulations.
(3) All boards of county commissioners shall immediately discharge any correctional officer who shall be guilty of gross negligence or cruel and inhuman treatment of prisoners under their control and their action shall be final.
(4) The salaries of correctional officers provided for in this chapter shall be fixed by the board of county commissioners, and the chief correctional officer shall be furnished means of transportation over the roads of the county when necessary, the upkeep and operation of which shall be furnished by the county; however, the county shall not in any case be required to furnish a driver of such conveyance where such services are required to be paid for.
(5) All salaries contemplated by this chapter shall be paid from the general revenue fund of the county.
History.—s. 13, ch. 6537, 1913; RGS 6218; s. 2, ch. 9203, 1923; CGL 8550; s. 44, ch. 57-121; ss. 1, 2, ch. 61-198; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 94, ch. 77-120; s. 113, ch. 79-3; s. 2, ch. 86-183; s. 29, ch. 96-312.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.061 - Designation of Sheriff as Chief Correctional Officer; Duties.

951.061 Designation of sheriff as chief correctional officer; duties.—
(1) Upon adoption of an ordinance by a majority of the county commission, the sheriff may be designated the chief correctional officer of the county correctional system, and the sheriff shall appoint such officers as he or she deems necessary.
(2) If designated, the sheriff or his or her designee shall enforce all existing state law concerning the operation and maintenance of county jails.
(3) The salaries for county correctional officers shall be paid from the general revenue fund of the county and shall be included by the sheriff, if designated as chief correctional officer of the county, in his or her proposed budget of expenditures for the maintenance and operation of the county correctional system as provided in s. 30.49.
History.—s. 3, ch. 86-183; s. 30, ch. 96-312; s. 1879, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 951 - County and Municipal Prisoners › 951.062 - Contractual Arrangements for Operation and Maintenance of County Detention Facilities.

951.062 Contractual arrangements for operation and maintenance of county detention facilities.—
(1) After consultation with the sheriff and upon adoption of an ordinance by vote of a majority plus one, the governing body of the county may enter into a contract with a private entity for the provision of the operation and maintenance of a county detention facility as defined in s. 951.23(1)(a) and the supervision of county prisoners. The contract may designate a representative from a private entity as the chief correctional officer pursuant to s. 951.061.
(2) The contract term shall be determined by the negotiating parties.
(3) Any private entity entering into a contract with the board of county commissioners pursuant to the provisions of s. 951.061 shall be liable in tort with respect to the care and custody of county prisoners under its supervision and for any breach of contract with the board of county commissioners.
(4) Any private entity entering into a contract with the board of county commissioners pursuant to the provisions of s. 951.061 shall allow law enforcement officers access to persons detained within the county detention facility for the purpose of conducting criminal investigations.
(5) In the case of a county prisoner’s willful failure to remain within the supervisory control of the private entity, such action shall constitute an escape, punishable as provided in s. 944.40.
(6) Private correctional officers responsible for supervising inmates within the facility shall meet the requirements necessary for certification by the Criminal Justice Standards and Training Commission pursuant to s. 943.1395. However, expenses for such training shall be the responsibility of the private entity.
(7) After consultation with the sheriff, the county shall appoint a contract monitor who shall be responsible for documenting adherence to the contract and compliance with rules, policies, procedures, and performance standards established by the local governing body.
(8) The contract shall require an annual audit of the private entity’s operation of the county detention facility or facilities.
(9) When a county enters into a contract for the operation and maintenance of county detention facilities, the sheriff of such county shall cease to be liable for actions arising out of the operation and maintenance of the facilities under contract, except as to any acts he or she commits personally.
History.—s. 4, ch. 86-183; s. 6, ch. 91-225; s. 2, ch. 94-168; s. 1696, ch. 97-102.