reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.24 - Administration of Correctional Institutions for Women.

944.24 Administration of correctional institutions for women.—
(1) This section may be cited as the “Corrections Equality Act.”
(2) All regularly employed assistants, officers, and employees whose duties bring them into contact with the inmates of the institution shall be women as far as practicable.
(3) Women inmates shall have access to programs of education, vocational training, rehabilitation, and substance abuse treatment that are equivalent to those programs which are provided for male inmates. The department shall ensure that women inmates are given opportunities for exercise, recreation, and visitation privileges according to the same standards as those privileges are provided for men. Women inmates shall be given opportunities to participate in work-release programs which are comparable to the opportunities provided for male inmates and shall be eligible for early release according to the same standards and procedures under which male inmates are eligible for early release.
(4) The department shall continue to provide prenatal care and such medical treatment as determined by the Assistant Secretary for Health Services for an inmate who is pregnant.
(5) An inmate who is pregnant shall be provided with prenatal care and medical treatment for the duration of her pregnancy. The department shall ensure that a pregnant inmate receives supplemental food and clothing and is excused from inappropriate work assignments. An inmate shall be transferred to a hospital outside the prison grounds if a condition develops which is beyond the scope and capabilities of the prison’s medical facilities.
(6) Any woman inmate who gives birth to a child during her term of imprisonment may be temporarily taken to a hospital outside the prison for the purpose of childbirth, and the charge for hospital and medical care shall be charged against the funds allocated to the institution. The department shall provide for the care of any child so born and shall pay for the child’s care until the child is suitably placed outside the prison system.
History.—s. 22, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 46, ch. 77-120; s. 55, ch. 79-3; s. 1, ch. 79-331; ss. 1, 2, ch. 81-15; s. 1, ch. 91-195; s. 29, ch. 91-225.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.242 - Dignity for Women in Correctional Facilities.

944.242 Dignity for women in correctional facilities.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Correctional facility” means any part of the correctional system, any county detention facility, juvenile detention center or residential facility, temporary holding center, or other criminal detention facility operated by or on behalf of the state or any political subdivision.
(b) “Correctional facility employee” means a correctional officer employed by a correctional facility.
(c) “Health care products” includes the following:
1. Feminine hygiene products, including tampons.
2. Moisturizing soap that is not lye-based.
3. Toothbrushes.
4. Toothpaste.
5. Any other health care product the correctional facility deems appropriate.
(d) “State of undress” means not dressed or not fully dressed.
(2) HEALTH CARE PRODUCTS.—A correctional facility shall make available health care products to each woman incarcerated in the facility at no cost to the woman in a quantity that is appropriate to the needs of the woman without a medical referral. A correctional facility may not require that a woman be diagnosed with an illness in order to access health care products. A correctional facility shall make health care products available in common housing areas and in medical care facilities.
(3) MALE CORRECTIONAL FACILITY EMPLOYEES.—
(a) A male correctional facility employee may not conduct a pat-down search or body cavity search on an incarcerated woman unless the woman presents an immediate risk of harm to herself or others and a female correctional facility employee is not available to do the search.
(b) A male correctional facility employee shall announce his presence upon entering a housing unit for incarcerated women.
(c) A male correctional facility employee may not enter an area of the correctional facility in which an incarcerated woman may be in a state of undress or an area where an incarcerated woman in a state of undress may be viewed, including, but not limited to, restrooms, shower areas, and medical treatment areas. If a female correctional facility employee is not available or if a female correctional facility employee requires assistance, a male correctional facility employee may enter such area only in the event of a medical emergency or if an incarcerated woman presents an immediate risk of harm to herself or others.
(d) If a male correctional facility employee conducts a pat-down search or body cavity search or enters a prohibited area in an emergency situation as provided in paragraph (a) or paragraph (c), the male correctional facility employee shall document the incident, including the circumstances necessitating the male correctional facility employee’s actions, no later than 3 days after the incident. The correctional facility shall review and retain all documentation.
History.—s. 2, ch. 2019-65.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.278 - Cancellation of Administrative Gain-Time and Provisional Credits.

944.278 Cancellation of administrative gain-time and provisional credits.—All awards of administrative gain-time under
1
s. 944.276 and provisional credits under
2
s. 944.277 are hereby canceled for all inmates serving a sentence or combined sentences in the custody of the department, or serving a state sentence in the custody of another jurisdiction. Release dates of all inmates with 1 or more days of such awards shall be extended by the length of time equal to the number of days of administrative gain-time and provisional credits which were canceled. Inmates who are out of custody due to an escape or a release on bond, or whose postrelease supervision is revoked on or after the effective date of this act, shall have all administrative gain-time and provisional credits canceled when the inmate’s release date is reestablished upon return to custody. Offenders who are under provisional release supervision as of the effective date of this section shall be subject to the terms and conditions established at the time of release until such offenders have been discharged from supervision. Offenders who have warrants outstanding based on violation of supervision as of the effective date of this section, or who violate terms of supervision subsequent to enactment of this section, shall be terminated from supervision and returned to custody. All provisional credits shall be canceled when an offender’s tentative release date is reestablished.
History.—s. 35, ch. 93-406.
1
Note.—Repealed by s. 6, ch. 88-122.
2
Note.—Repealed by s. 32, ch. 93-406.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.279 - Disciplinary Procedures Applicable to Prisoner for Filing Frivolous or Malicious Actions or Bringing False Information Before Court.

944.279 Disciplinary procedures applicable to prisoner for filing frivolous or malicious actions or bringing false information before court.—
(1) At any time, and upon its own motion or on motion of a party, a court may conduct an inquiry into whether any action or appeal brought by a prisoner was brought in good faith. A prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal in any court of this state or in any federal court, which is filed after June 30, 1996, or to have brought a frivolous or malicious collateral criminal proceeding, which is filed after September 30, 2004, or who knowingly or with reckless disregard for the truth brought false information or evidence before the court, is subject to disciplinary procedures pursuant to the rules of the Department of Corrections. The court shall issue a written finding and direct that a certified copy be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09.
(2) This section does not apply to a criminal proceeding.
(3) For purposes of this section, “prisoner” means a person who is convicted of a crime and is incarcerated for that crime or who is being held in custody pending extradition or sentencing.
History.—s. 5, ch. 96-106; s. 14, ch. 97-78; s. 1, ch. 2004-285.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.281 - Ineligibility to Earn Gain-Time Due to Disciplinary Action.

944.281 Ineligibility to earn gain-time due to disciplinary action.—The department may declare that a prisoner who commits a violation of any law of the state or rule or regulation of the department or institution on or after January 1, 1996, and who is found guilty pursuant to s. 944.28(2), shall not be eligible to earn incentive gain-time for up to 6 months following the month in which the violation occurred. The department shall adopt rules to administer the provisions of this section.
History.—s. 3, ch. 95-294.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.282 - Rules Governing Inmate Use of Weight Training Equipment.

944.282 Rules governing inmate use of weight training equipment.—In the interests of safety, security, and order of the state correctional system, the Department of Corrections shall immediately adopt rules governing and limiting access to weights and other weight training equipment by inmates within the state correctional system. It is the intent of the Legislature to restrict the use of weight training equipment for those inmates who have committed disciplinary infractions within the previous 120 days or have not completed work assignments as determined by the department.
History.—s. 60, ch. 96-312.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.291 - Prisoner Released by Reason of Gain-Time Allowances or Attainment of Provisional Release Date.

944.291 Prisoner released by reason of gain-time allowances or attainment of provisional release date.—
(1) Notwithstanding any provision of law to the contrary, a prisoner who has served his or her term or terms, less allowable gain-time deductions as provided by law, or who has attained his or her provisional release date shall, upon release, be placed under further supervision and control of the department. Any released prisoner who is not under further supervision and control of the department or who is not subject to any statute relating to parole shall be eligible, on a voluntary basis, for any assistance available to him or her through any parole or probation office under the department.
(2) Any prisoner who is convicted of a crime committed on or after October 1, 1988, which crime is contained in category 1, category 2, category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who has served at least one prior felony commitment at a state or federal correctional institution, or is sentenced as a habitual or violent habitual offender pursuant to s. 775.084, may only be released under conditional release supervision as described in chapter 947. Not fewer than 90 days prior to the tentative release date or provisional release date, whichever is earlier, the department shall provide the commission with the name and inmate identification number for each eligible inmate.
History.—s. 1, ch. 67-421; s. 21, ch. 74-112; s. 50, ch. 77-120; s. 1, ch. 78-223; s. 59, ch. 79-3; s. 1, ch. 81-229; s. 10, ch. 88-122; s. 7, ch. 89-531; s. 1645, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.292 - Suspension of Civil Rights.

944.292 Suspension of civil rights.—
(1) Upon conviction of a felony as defined in s. 10, Art. X of the State Constitution, the civil rights of the person convicted shall be suspended in Florida until such rights are restored by a full pardon, conditional pardon, or restoration of civil rights granted pursuant to s. 8, Art. IV of the State Constitution. Notwithstanding the suspension of civil rights, such a convicted person may obtain restoration of his or her voting rights pursuant to s. 4, Art. VI of the State Constitution and s. 98.0751.
(2) This section shall not be construed to deny a convicted felon access to the courts, as guaranteed by s. 21, Art. I of the State Constitution, until restoration of her or his civil rights.
History.—s. 28, ch. 74-112; s. 1, ch. 76-139; s. 1, ch. 88-138; s. 1646, ch. 97-102; s. 28, ch. 2019-162.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.32 - Reports of Prison Inspectors; Recordation; Inspection.

944.32 Reports of prison inspectors; recordation; inspection.—Upon completing an inspection of a correctional institution the inspector shall make a full and complete report on such forms as shall be provided by the department. One copy of each report shall be filed with the department, one copy shall be sent to the officer in charge of the correctional institution, and as many other copies as the department shall require; these reports shall be matters of public record and subject to inspection by the public at any time.
History.—s. 30, ch. 57-121; s. 18, ch. 61-530; s. 53, ch. 77-120; s. 63, ch. 79-3; s. 19, ch. 91-225; s. 19, ch. 95-325; s. 27, ch. 96-312.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.33 - Failure of Inspector to Make Report; False Report; Penalty.

944.33 Failure of inspector to make report; false report; penalty.—If any prison inspector shall fail to make a report of his or her findings, he or she shall be immediately discharged and shall not be again employed in such capacity. If any prison inspector shall knowingly make a false report of his or her findings, he or she shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 31, ch. 57-121; s. 1166, ch. 71-136; s. 1647, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.331 - Inmate Grievance Procedure.

944.331 Inmate grievance procedure.—The department shall establish by rule an inmate grievance procedure that must conform to the Minimum Standards for Inmate Grievance Procedures as promulgated by the United States Department of Justice pursuant to 42 U.S.C. s. 1997e. The department’s office of general counsel shall oversee the grievance procedures established by the department.
History.—s. 3, ch. 85-288; s. 3, ch. 99-271.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.36 - Permitting Inmates to Escape.

944.36 Permitting inmates to escape.—Any agent, employee, or officer of the department having supervision over state inmates being worked under the provisions of law who willfully permits any prisoner to escape shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 34, ch. 57-121; s. 18, ch. 61-530; s. 1167, ch. 71-136; s. 54, ch. 77-120; s. 64, ch. 79-3; s. 6, ch. 85-288.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.37 - Acceptance of Unauthorized Compensation; Penalty.

944.37 Acceptance of unauthorized compensation; penalty.—No officer or employee of the department shall receive, directly or indirectly, from any prisoner or from anyone on behalf of such prisoner, any gift, reward, or any compensation whatsoever for his or her services or supplies other than that prescribed or authorized by law or the department. Whoever violates this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083.
History.—s. 35, ch. 57-121; s. 18, ch. 61-530; s. 1168, ch. 71-136; s. 55, ch. 77-120; s. 65, ch. 79-3; s. 1648, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.38 - Acceptance of Remuneration From Contractor; Dealing or Barter With Prisoners; Interest in Contract; Penalty.

944.38 Acceptance of remuneration from contractor; dealing or barter with prisoners; interest in contract; penalty.—
(1)(a) An officer or employee of the department may not receive any compensation whatsoever, directly or indirectly, for any act or service that she or he may do or perform for or on behalf of any officer or employee or agent, or employee of a contractor. An officer or employee of the department or the state may not have an interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for or on behalf of the department.
(b) This subsection does not prevent an officer or employee of the department from accepting other employment or following any pursuit that does not interfere with the full and faithful discharge by the officer or employee of his or her duties to the department. This subsection does not prevent an officer or employee of the department from accepting secondary employment with an entity contracting with the department if the officer or employee does not have responsibilities or involvement with the department’s award or management of the contract or with the process of making referrals to or evaluating the contracting entity.
(2) An officer or employee of the department or of the state, or any contractor, or employee of a contractor, may not, without permission of the department, make any gift or present to a prisoner, receive a gift or present from any prisoner, or have any barter or dealings with any prisoner.
(3) For any violation of the provisions of this section the officer or employee of the state shall be discharged from her or his office or service; and every contractor, or employee, or agent of a contractor engaged therein, and a party thereto, shall be expelled from the institutional grounds, and not again permitted within the same as a contractor, agent, or employee.
History.—s. 36, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 56, ch. 77-120; s. 66, ch. 79-3; s. 1649, ch. 97-102; s. 1, ch. 2004-51.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.39 - Interference With Prisoners; Penalty.

944.39 Interference with prisoners; penalty.—Any person who, without authority, interferes with or in any way interrupts the work of any prisoner under the custody of the department or who in any way interferes with the discipline or good conduct of any prisoner shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. No person shall, by disguise, misrepresentation of identity or other illicit means, attempt to gain admission to or enter upon the grounds of any state correctional institution for the purpose of visiting any prisoner in violation of the general visiting policy adopted by the department. A person, upon conviction of an offense as outlined in this section, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any peace officer or any correctional officer of the department or any prison inspector or any employee of the department may arrest without warrant any person violating the provisions of this section.
History.—s. 37, ch. 57-121; s. 7, ch. 61-192; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 1169, ch. 71-136; s. 57, ch. 77-120; s. 67, ch. 79-3; s. 16, ch. 95-283.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.40 - Escapes; Penalty.

944.40 Escapes; penalty.—Any prisoner confined in, or released on furlough from, any prison, jail, private correctional facility, road camp, or other penal institution, whether operated by the state, a county, or a municipality, or operated under a contract with the state, a county, or a municipality, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner.
History.—s. 38, ch. 57-121; s. 1, ch. 65-224; s. 1, ch. 69-332; s. 1170, ch. 71-136; s. 5, ch. 99-271; s. 54, ch. 2019-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.402 - Reward for Capture of Escapee From Correctional Institution.

944.402 Reward for capture of escapee from correctional institution.—The warden of a state correctional institution may pay a reward in an amount not greater than $100 from institutional funds to each person who is directly responsible for the capture of an inmate who has escaped from the institution. The warden of the institution from which the inmate escaped shall determine the amount of the reward. Employees of state, county, and municipal law enforcement or correctional agencies who are engaged in the apprehension, detection, or detention of prisoners are not eligible to receive such rewards.
History.—s. 1, ch. 88-169; s. 16, ch. 2000-161.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.405 - Warrant for Retaking Offender Who Has Escaped From Custody or Absconded From Rehabilitative Community Reentry Program, or Who Is Ineligible for Release.

944.405 Warrant for retaking offender who has escaped from custody or absconded from rehabilitative community reentry program, or who is ineligible for release.—
(1) If there is reasonable justification to believe that an offender has escaped from the custody of the department or has absconded from a rehabilitative community reentry program before the offender has satisfied his or her sentence or combined sentences, or if it is determined an offender was released in error, or if it is subsequently determined the offender was statutorily ineligible for release, the secretary of the department or the secretary’s designated representative may issue a warrant for retaking the offender into custody until he or she has served the remainder of the sentence or combined sentences.
(2) An offender who is arrested as provided in subsection (1) is ineligible for bond, bail, or release on his or her own recognizance.
(3) A warrant issued under subsection (1) is in effect until the offender has been returned to the custody of the department, or until the sentence is deemed satisfied, whichever occurs first.
(4) The issuance of a warrant pursuant to this section does not negate or interfere with the right to issuance of a warrant under any other provision of law.
History.—s. 1, ch. 87-211; s. 51, ch. 91-110; s. 34, ch. 93-406; s. 1650, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.44 - Holding Persons as Hostages; Penalty.

944.44 Holding persons as hostages; penalty.—Any prisoner who holds as hostage any person within any correctional institution or anywhere while under the jurisdiction of the department, or who by force, or threat of force holds any person or persons against their will in defiance of official orders, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 4, ch. 57-313; s. 18, ch. 61-530; s. 1173, ch. 71-136; s. 59, ch. 77-120; s. 69, ch. 79-3.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.45 - Mutiny, Riot, Strike; Penalty.

944.45 Mutiny, riot, strike; penalty.—Whoever instigates, contrives, willfully attempts to cause, assists, or conspires to cause any mutiny, riot, or strike in defiance of official orders, in any state correctional institution, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 5, ch. 57-313; s. 1174, ch. 71-136.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.46 - Harboring, Concealing, Aiding Escaped Prisoners; Penalty.

944.46 Harboring, concealing, aiding escaped prisoners; penalty.—Whoever harbors, conceals, maintains, or assists, or gives any other aid to any prisoner after his or her escape from any state correctional institution, knowing that he or she is an escaped prisoner, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 6, ch. 57-313; s. 1175, ch. 71-136; s. 1651, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.472 - Drug-Free Corrections; Legislative Findings and Purposes.

944.472 Drug-free corrections; legislative findings and purposes.—
(1) FINDINGS.—The Legislature finds that:
(a) Inmate substance abuse can cause a multitude of security and programmatic problems, including staff corruption, development of an unsafe and unproductive workplace, and the inability of inmate substance abusers to profit from vocational, educational, and substance abuse treatment programs.
(b) Maintaining a healthy and productive corrections workforce with safe conditions free from the effects of substance abuse is important to correctional employers, employees, inmates, and the public.
(c) Certain substance abuse testing standards are necessary to ensure uniform and economical application of policy throughout the state’s institutions and to protect both inmates and employers participating in random and reasonable suspicion substance abuse testing programs.
(d) In balancing the interests of correctional employers, employees, inmates, and the public, it is in the best interest of all concerned to establish standards to ensure uniform, fair, economical, and accurate substance abuse testing in the state correctional system.
(2) PURPOSES.—The purposes of the Drug-Free Corrections Act of 1992 are to:
(a) Promote the goal of a drug-free correctional system through fair, economical, and reasonable methods of random and reasonable suspicion substance abuse testing of inmates for the protection of inmates, employees, employers, and the public.
(b) Establish an aggressive, routine random substance abuse testing program and a reasonable suspicion substance abuse testing program to identify substance-abusing inmates, determine appropriate treatment, and provide a strong deterrent to future substance abuse.
History.—s. 19, ch. 92-310; s. 16, ch. 97-78.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.473 - Inmate Substance Abuse Testing Program.

944.473 Inmate substance abuse testing program.—
(1) RULES AND PROCEDURES.—The department shall establish programs for random and reasonable suspicion drug and alcohol testing by urinalysis or other noninvasive procedure for inmates to effectively identify those inmates abusing drugs, alcohol, or both. The department shall also adopt rules relating to fair, economical, and accurate operations and procedures of a random inmate substance abuse testing program and a reasonable suspicion substance abuse testing program by urinalysis or other noninvasive procedure which enumerate penalties for positive test results, including but not limited to the forfeiture of both basic and incentive gain-time, and which do not limit the number of times an inmate may be tested in any one fiscal or calendar year.
(2) SUBSTANCE ABUSE TREATMENT PROGRAMS.—
(a) An inmate who meets the criteria established by the department shall participate in substance abuse program services when such services are available. A right to substance abuse program services is not stated, intended, or otherwise implied by this chapter.
(b) Upon arrival at a department’s reception center for initial processing, each inmate shall be screened and assessed to determine if the inmate meets the department’s criteria for mandated participation in a substance-abuse program. Criteria for mandated substance abuse program services shall be based on:
1. The presence of a diagnosed psychoactive substance dependence or use disorder;
2. The severity of the addiction;
3. A history of criminal behavior related to substance abuse;
4. A recommendation by a sentencing authority for substance abuse program services;
5. Unsuccessful participation in community-based substance abuse services;
6. Sentencing by a drug court or drug division; and
7. Other classification or program criteria that the department finds will ensure security and optimal program placement.
(c) When selecting contract providers to administer substance abuse treatment programs, the department shall make every effort to consider qualified faith-based service groups on an equal basis with other private organizations.
(3) REPORTING REQUIREMENT.—The department shall, as part of its annual report, report the number of random and reasonable suspicion substance abuse tests administered in the fiscal year, the number of positive results obtained, the number of negative results obtained, the number of inmates requesting and participating in substance abuse treatment programs as the result of a positive random or reasonable suspicion substance abuse test, and the number of repeat substance abuse offenders.
History.—s. 20, ch. 92-310; s. 17, ch. 97-78; s. 4, ch. 2001-110.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.474 - Legislative Intent; Employee Wellness Program; Drug and Alcohol Testing.

944.474 Legislative intent; employee wellness program; drug and alcohol testing.—
(1) It is the intent of the Legislature that the state correctional system provide a safe and secure environment for both inmates and staff. A healthy workforce is a productive workforce, and security of the state correctional system can best be provided by strong and healthy employees. The Department of Corrections may develop and implement an employee wellness program. The program may include, but is not limited to, wellness education, smoking cessation, nutritional education, and overall health-risk reduction, including the effects of using drugs and alcohol.
(2) An employee of the department may not test positive for illegal use of controlled substances. An employee of the department may not be under the influence of alcohol while on duty. In order to ensure that these prohibitions are adhered to by all employees of the department and notwithstanding s. 112.0455, the department may develop a program for the drug testing of all job applicants and for the random drug testing of all employees. The department may randomly evaluate employees for the contemporaneous use or influence of alcohol through the use of alcohol tests and observation methods. Notwithstanding s. 112.0455, the department may develop a program for the reasonable suspicion drug testing of employees who are in mandatory-testing positions, as defined in s. 440.102(1)(o), or special risk positions, as defined in s. 112.0455(5), for the controlled substances listed in s. 893.03(3)(d). The reasonable suspicion drug testing authorized by this subsection shall be conducted in accordance with s. 112.0455, but may also include testing upon reasonable suspicion based on violent acts or violent behavior of an employee who is on or off duty. The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 that are necessary to administer this subsection.
History.—s. 9, ch. 96-312; s. 1, ch. 2006-116; s. 40, ch. 2010-117; s. 3, ch. 2012-8; s. 34, ch. 2016-105.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.48 - Service of Sentence.

944.48 Service of sentence.—Whenever any prisoner is convicted under the provisions of ss. 944.44-944.47, the punishment of imprisonment imposed shall be served consecutively to any former sentence imposed upon any prisoner convicted hereunder.
History.—s. 8, ch. 57-313; s. 96, ch. 2018-110.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.485 - Subsistence Fees With Respect to Certain Prisoners; Time of Adoption; Requirements.

944.485 Subsistence fees with respect to certain prisoners; time of adoption; requirements.—
(1) In recognition of the fact that many prisoners in the correctional system have sources of income and assets outside of the correctional system, which may include bank accounts, inheritances, real estate, social security payments, veteran’s payments, and other types of financial resources, and in recognition of the fact that the daily subsistence cost of incarcerating prisoners in the correctional system is a great burden on the taxpayers of the state, each prisoner in the state correctional system, except those who have entered into an agreement under s. 947.135 prior to October 1, 1978:
(a) Shall disclose all revenue or assets as a condition of parole or other release eligibility.
(b) Shall pay from such income and assets, except where such income is exempt by state or federal law, all or a fair portion of the prisoner’s daily subsistence costs, based upon the inmate’s ability to pay, the liability or potential liability of the inmate to the victim or the guardian or the estate of the victim, and the needs of his or her dependents.
(2)(a) Any prisoner who is directed to pay all or a fair portion of daily subsistence costs is entitled to reasonable advance notice of the assessment and shall be afforded an opportunity to present reasons for opposition to the assessment.
(b) An order directing payment of all or a fair portion of a prisoner’s daily subsistence costs may survive against the estate of the prisoner.
History.—s. 1, ch. 78-441; s. 1, ch. 92-298; s. 1652, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.52 - Legal Adviser.

944.52 Legal adviser.—The Department of Legal Affairs shall be the legal adviser of the Department of Corrections.
History.—s. 42, ch. 57-121; s. 18, ch. 61-530; ss. 11, 35, ch. 69-106; s. 63, ch. 77-120; s. 74, ch. 79-3.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.596 - Transfer of Convicted Foreign Citizens or Nationals Under Treaty.

944.596 Transfer of convicted foreign citizens or nationals under treaty.—When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted offender who is a citizen or national of a foreign country to the foreign country of which she or he is a citizen or national, the Governor or the Governor’s designee is authorized, subject to the terms of such treaty, to consent to the transfer of such convicted offender.
History.—s. 1, ch. 79-75; s. 1655, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.597 - Transportation and Return of Prisoners by Private Transport Company.

944.597 Transportation and return of prisoners by private transport company.—
(1) The department is authorized to contract with private transport companies for the transportation of prisoners both within and beyond the limits of this state. Each prisoner shall be taken into custody by the transport company for the purpose of transportation and then delivered by the same transport company to the proper law enforcement official upon arriving at the point of destination. Any private transport company transporting a prisoner pursuant to this section shall be considered an independent contractor and shall be solely liable for the prisoner while she or he is in the custody of such company.
(2) The department shall include, but is not limited to, the following requirements in any contract with any transport company:
(a) That the transport company shall maintain adequate liability coverage with respect to the transportation of prisoners.
(b) That the transport company shall require its employees to complete at least 100 hours of training before transporting prisoners. The curriculum for such training must be approved by the department and include instruction in:
1. Use of restraints;
2. Searches of prisoners;
3. Use of force, including use of appropriate weapons and firearms;
4. Cardiopulmonary resuscitation;
5. Map reading; and
6. Defensive driving.
(c) That the transport company shall adhere to standards which provide for humane treatment of prisoners while in the custody of the transport company.
(d) That the transport company shall submit reports to the department regarding incidents of escape, use of force, and accidents involving prisoners in the custody of the transport company.
(3) Any company providing transport of inmates, pursuant to this section shall hold a Class “B” license pursuant to chapter 493, and any employee of such a company shall hold a Class “D” and Class “G” license pursuant to chapter 493.
(4) The department shall advertise for and receive competitive bids for the transportation of prisoners and award the contract to the lowest and best bidder.
History.—s. 7, ch. 85-340; s. 1656, ch. 97-102; s. 5, ch. 2017-31.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.602 - Agency Notification Before Release of Intellectually Disabled Inmates.

944.602 Agency notification before release of intellectually disabled inmates.—Before the release by parole, release by reason of gain-time allowances provided for in s. 944.291, or expiration of sentence of any inmate who has been diagnosed as having an intellectual disability as defined in s. 393.063, the Department of Corrections shall notify the Agency for Persons with Disabilities in order that sufficient time be allowed to notify the inmate or the inmate’s representative, in writing, at least 7 days before the inmate’s release, of available community services.
History.—s. 8, ch. 83-274; s. 1657, ch. 97-102; s. 311, ch. 99-8; s. 64, ch. 2006-227; s. 40, ch. 2013-162.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.611 - Legislative Intent.

944.611 Legislative intent.—The Legislature finds and declares that:
(1) It is desirable that each inmate be confined in and released from an institution or facility as close to the inmate’s permanent residence or county of commitment as possible, in order to lessen the transportation expense to the public.
(2) It is the intent of the Legislature that:
(a) To the extent possible, an inmate be returned, upon release, to the same area from which the inmate was committed.
(b) An inmate being released from a community work-release program is not eligible for the provision of transportation.
(c) Transportation provided for an eligible inmate upon release shall be to one of the following points:
1. The county where parole placement has been approved and supervision is to commence.
2. Another state.
3. The county of employment within the state.
4. The county of legal residence within the state.
5. The county of original commitment within the state.
(d) Each releasee who is eligible for the provision of transportation shall be escorted to the site of embarkation by an officer of the correctional facility, who shall remain until the releasee has departed.
History.—s. 38, ch. 83-131; s. 1658, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.612 - Definitions for S. 944.613.

944.612 Definitions for s. 944.613.—As used in s. 944.613, the term:
(1) “Florida releasee” means:
(a) An inmate paroled before expiration of his or her sentence, who will be supervised at the location shown on his or her parole certificate.
(b) An inmate whose sentence has expired or who is released by means of gain-time.
(2) “Out-of-state releasee” means:
(a) An inmate being released on interstate compact pursuant to s. 949.07.
(b) An inmate whose sentence has expired and who intends to leave the state or is required to leave the state upon release.
History.—s. 39, ch. 83-131; s. 1659, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.613 - Methods of Transportation.

944.613 Methods of transportation.—
(1) OUT-OF-STATE RELEASEE.—In instances when a releasee intends or is required to leave the state, transportation shall be provided by common carrier utilizing the most economical means. Transportation as authorized herein shall be furnished by nonnegotiable travel voucher payable to the common carrier being utilized, and in no event shall there be any cash disbursement to the releasee or any person, firm, or corporation. Such travel voucher shall not be valid for more than 5 days after its issuance. The source of any private transportation must be by a family member or friend whose purpose is to immediately transport the releasee out of this state.
(2) FLORIDA RELEASEE.—In instances when a releasee remains in this state but leaves the county where the correctional institution or facility of her or his confinement is located, transportation shall be provided by common carrier using the most economical means. Transportation as authorized herein shall be furnished by nonnegotiable travel voucher payable to the common carrier being utilized, and in no event shall there be any cash disbursement to the releasee or any person, firm, or corporation. Such travel voucher is to be utilized immediately by the releasee. The source of any private transportation must be a family member or friend whose purpose is to immediately transport the releasee to the approved location pursuant to s. 944.611.
History.—s. 40, ch. 83-131; s. 1660, ch. 97-102; s. 169, ch. 2020-2.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.70 - Conditions for Release From Incarceration.

944.70 Conditions for release from incarceration.—
(1)(a) A person who is convicted of a crime committed on or after October 1, 1983, but before January 1, 1994, may be released from incarceration only:
1. Upon expiration of the person’s sentence;
2. Upon expiration of the person’s sentence as reduced by accumulated gain-time;
3. As directed by an executive order granting clemency;
4. Upon attaining the provisional release date;
5. Upon placement in a conditional release program pursuant to s. 947.1405; or
6. Upon the granting of control release pursuant to s. 947.146.
(b) A person who is convicted of a crime committed on or after January 1, 1994, may be released from incarceration only:
1. Upon expiration of the person’s sentence;
2. Upon expiration of the person’s sentence as reduced by accumulated meritorious or incentive gain-time;
3. As directed by an executive order granting clemency;
4. Upon placement in a conditional release program pursuant to s. 947.1405 or a conditional medical release program pursuant to s. 947.149; or
5. Upon the granting of control release, including emergency control release, pursuant to s. 947.146.
(2) A person who is convicted of a crime committed on or after December 1, 1990, and who receives a control release date may not refuse to accept the terms or conditions of control release.
History.—s. 16, ch. 98-204.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.701 - Short Title.

944.701 Short title.—Sections 944.701-944.708 may be cited as the “Transition Assistance Program Act.”
History.—ss. 4, 12, ch. 87-298; s. 13, ch. 88-122.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.702 - Legislative Intent.

944.702 Legislative intent.—It is the intent of the Legislature to provide persons released from incarceration from the Department of Corrections with certain fundamental resources in the areas of employment, life skills training, job placement, and access to as many support services as possible in order to appreciably increase the likelihood of the inmate’s successful reentry into free society. The Legislature intends that these support services include faith-based service groups on an equal basis with other private organizations.
History.—ss. 5, 12, ch. 87-298; s. 13, ch. 88-122; s. 6, ch. 92-310; s. 6, ch. 2001-110.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.703 - Eligible Inmates.

944.703 Eligible inmates.—Sections 944.701-944.708 apply to all inmates released from the custody of the department. However, priority should be given to substance-addicted inmates to help break the cycle of drug abuse, prostitution, and other self-injurious criminal behavior that causes harm to families and communities. Those inmates with a detainer are eligible if the department determines that cancellation of the detainer is likely or that the incarceration for which the detainer was issued will be of short duration. The department shall confirm the detainer with the originating authority prior to release.
History.—ss. 6, 12, ch. 87-298; s. 13, ch. 88-122; s. 7, ch. 92-310; s. 21, ch. 95-283; s. 7, ch. 2001-110.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.7031 - Eligible Inmates Released From Private Correctional Facilities.

944.7031 Eligible inmates released from private correctional facilities.—
(1) It is the intent of the Legislature that state inmates nearing release from a private correctional facility managed under chapter 957 are eligible for assistance under ss. 944.701-944.708, and all laws that provide for or mandate transition assistance services to inmates nearing release also apply to inmates who reside in private correctional facilities.
(2) To assist an inmate nearing release from a private correctional facility, the department and the transition assistance specialist shall coordinate with a designated staff person at each private correctional facility to ensure that a state inmate released from the private correctional facility is informed of and provided with the same level of transition assistance services that are provided by the department for an inmate in a state correctional facility. Any inmate released from a private correctional facility shall also have equal access to placement consideration in a contracted substance abuse transition housing program, including those programs that have a faith-based component.
History.—s. 8, ch. 2001-110.