Florida Statutes Title XLVII Chapter 944 - State Correctional System

• 944.01 - Short Title.
  This act may be cited as “The Florida Corrections Code of 1957.”History.—s. 45, ch. 57-121.
• 944.012 - Legislative Intent.
  The Legislature hereby finds and declares that:(1) Florida spends each year in excess of $60 million for its state correctional system, but Florida citizens have not...
• 944.02 - Definitions.
  The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings:(1) “Commission” means the Florida Commission on...
• 944.023 - Comprehensive Correctional Master Plan.
  (1) As used in this section, the term:(a) “Criminal Justice Estimating Conference” means the Criminal Justice Estimating Conference referred to in s. 216.136(5).(b) “Total capacity” of the state...
• 944.0231 - Reduction Of Capacity.
  (1) When the population of the state correctional system exceeds 100 percent of its total capacity, as defined in s. 944.023, and remains in excess of...
• 944.024 - Adult Intake And Evaluation.
  The state system of adult intake and evaluation shall include:(1) The performance of pretrial investigation through a decentralized community-based procedure.(2) Assistance in the evaluation of offenders for...
• 944.026 - Community-based Facilities And Programs.
  (1) In addition to those facilities and services described elsewhere in this chapter, the department shall develop, provide, or contract for a statewide system of community-based...
• 944.033 - Community Correctional Centers; Existence; Location; Purpose; Restriction.
  (1) A statewide system of correctional facilities is established to be known as “community correctional centers.”(2) The purpose of these centers is to facilitate the reintegration of...
• 944.053 - Forestry Work Camps.
  (1) The Department of Corrections shall operate a system of Forestry Work Camps on sites that are conducive to providing a meaningful work experience by having...
• 944.0611 - Department Employees; Personal Vehicle Damage Claims.
  Employees of the Department of Corrections who are required to use their personal vehicles in the performance of their duty may file claims for damages...
• 944.08 - Commitment To Custody Of Department; Venue Of Institutions.
  (1) The words “penitentiary,” “state prison,” or “state prison farm,” whenever the same are used in any of the laws of this state, as a place...
• 944.09 - Rules Of The Department; Offenders, Probationers, And Parolees.
  (1) The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement its statutory authority. The rules must include rules relating to:(a) The...
• 944.091 - United States Prisoners, Board Authorized.
  The department is authorized upon request to board prisoners of the United States committed to their custody by any agency of the United States if...
• 944.095 - Siting Of Additional Correctional Facilities; Procedure.
  (1) It is the intent of the Legislature that the siting of additional correctional facilities shall be achieved in the most cost-efficient manner possible.(2) When the department...
• 944.096 - Budget Requests For Residential Facility Construction; Estimates; Appropriations; Population In Excess Of Capacity.
  (1) Beginning October 1, 1983, all legislative budget requests for the construction of additional residential facilities in the Department of Corrections shall utilize the estimates of...
• 944.10 - Department Of Corrections To Provide Buildings; Sale And Purchase Of Land; Contracts To Provide Services And Inmate Labor.
  (1) It is the intent of the Legislature to expedite the siting of, acquisition of land for, and construction by the Department of Corrections of state...
• 944.105 - Contractual Arrangements With Private Entities For Operation And Maintenance Of Correctional Facilities And Supervision Of Inmates.
  (1) The Department of Corrections is authorized to enter into contracts with private vendors for the provision of the operation and maintenance of correctional facilities and...
• 944.11 - Department To Regulate Admission Of Books.
  (1) The department shall regulate the admission of educational and other reading matter within the state institutions for the use of the prisoners, and for the...
• 944.115 - Smoking Prohibited Inside State Correctional Facilities.
  (1) The purpose of this section is to protect the health, comfort, and environment of employees of the Department of Corrections, employees of privately operated correctional...
• 944.14 - Supervision Of Correctional Institutions; Enforcement Of Orders And Regulations.
  Subject to the orders, policies, and regulations established by the department, it shall be the duty of the wardens to supervise the government, discipline, and...
• 944.151 - Security Of Correctional Institutions And Facilities.
  It is the intent of the Legislature that the Department of Corrections shall be responsible for the security of the correctional institutions and facilities. The...
• 944.17 - Commitments And Classification; Transfers.
  (1) Each prisoner sentenced to the state penitentiary shall be committed by the court to the custody of the department.(2) Each prisoner committed to the custody of...
• 944.171 - Housing Of Inmates.
  (1) Notwithstanding s. 944.17, the department may contract with county or municipal facilities for the purpose of housing inmates committed to the department.(a) Notwithstanding ss. 944.17 and...
• 944.1905 - Initial Inmate Classification; Inmate Reclassification.
  The Department of Corrections shall classify inmates pursuant to an objective classification scheme. The initial inmate classification questionnaire and the inmate reclassification questionnaire must cover...
• 944.23 - Persons Authorized To Visit State Prisons.
  The following persons shall be authorized to visit at their pleasure all state correctional institutions: The Governor, all Cabinet members, members of the Legislature, judges...
• 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...
• 944.241 - Shackling Of Incarcerated Pregnant Women.
  (1) SHORT TITLE.—This section may be cited as the “Healthy Pregnancies for Incarcerated Women Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Correctional institution” means any facility under...
• 944.275 - Gain-time.
  (1) The department is authorized to grant deductions from sentences in the form of gain-time in order to encourage satisfactory prisoner behavior, to provide incentive for...
• 944.278 - Cancellation Of Administrative Gain-time And Provisional Credits.
  All awards of administrative gain-time under 1s. 944.276 and provisional credits under 2s. 944.277 are hereby canceled for all inmates serving a sentence or combined...
• 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...
• 944.28 - Forfeiture Of Gain-time And The Right To Earn Gain-time In The Future.
  (1) If a prisoner is convicted of escape, or if the clemency, conditional release as described in chapter 947, probation or community control as described in...
• 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...
• 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...
• 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...
• 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...
• 944.31 - Inspector General; Inspectors; Power And Duties.
  The inspector general shall be responsible for prison inspection and investigation, internal affairs investigations, and management reviews. The office of the inspector general shall be...
• 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...
• 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...
• 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...
• 944.35 - Authorized Use Of Force; Malicious Battery And Sexual Misconduct Prohibited; Reporting Required; Penalties.
  (1)(a) An employee of the department is authorized to apply physical force upon an inmate only when and to the extent that it reasonably appears necessary:1. To...
• 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...
• 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,...
• 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...
• 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...
• 944.40 - Escapes; Penalty.
  Any prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution, whether operated by the state, a county, or a...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 944.47 - Introduction, Removal, Or Possession Of Certain Articles Unlawful; Penalty.
  (1)(a) Except through regular channels as authorized by the officer in charge of the correctional institution, it is unlawful to introduce into or upon the grounds...
• 944.471 - Short Title.
  Sections 944.471-944.473 may be cited as the “Drug-Free Corrections Act of 1992.”History.—s. 18, ch. 92-310.
• 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,...
• 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...
• 944.4731 - Addiction-recovery Supervision Program.
  (1) This section may be cited as the “Addiction-Recovery Supervision Program Act.”(2)(a) Any offender released from a state correctional facility who is convicted of a crime committed...
• 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...
• 944.48 - Service Of Sentence.
  Whenever any prisoner is convicted under the provisions of 1ss. 944.41-944.47 the punishment of imprisonment imposed shall be served consecutively to any former sentence imposed...
• 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...
• 944.512 - State Lien On Proceeds From Literary Or Other Type Of Account Of Crime For Which Convicted.
  (1) A lien prior in dignity to all others shall exist in favor of the state upon royalties, commissions, proceeds of sale, or any other thing...
• 944.516 - Money Or Other Property Received For Personal Use Or Benefit Of Inmate; Deposit; Disposition Of Unclaimed Trust Funds.
  The Department of Corrections shall protect the financial interest of the state with respect to claims which the state may have against inmates in state...
• 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,...
• 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...
• 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...
• 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...
• 944.605 - Inmate Release; Notification; Identification Card.
  (1) Within 6 months before the release of an inmate from the custody of the Department of Corrections or a private correctional facility by expiration of...
• 944.606 - Sexual Offenders; Notification Upon Release.
  (1) As used in this section:(a) “Convicted” means there has been a determination of guilt as a result of a trial or the entry of a plea...
• 944.607 - Notification To Department Of Law Enforcement Of Information On Sexual Offenders.
  (1) As used in this section, the term:(a) “Sexual offender” means a person who is in the custody or control of, or under the supervision of, the...
• 944.608 - Notification To Department Of Law Enforcement Of Information On Career Offenders.
  (1) As used in this section, the term “career offender” means a person who is in the custody or control of, or under the supervision of,...
• 944.609 - Career Offenders; Notification Upon Release.
  (1) As used in this section, the term “career offender” means a person who is in the custody or control of, or under the supervision of,...
• 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...
• 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...
• 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...
• 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...
• 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.
• 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...
• 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...
• 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...
• 944.704 - Staff Who Provide Transition Assistance; Duties.
  The department shall provide a transition assistance specialist at each of the major institutions whose duties include, but are not limited to:(1) Coordinating delivery of transition...
• 944.705 - Release Orientation Program.
  (1) The department shall provide participation in a standardized release orientation program to every eligible inmate.(2) The release orientation program instruction must include, but is not limited...
• 944.706 - Basic Release Assistance.
  (1) Any inmate who is being released is eligible for transition assistance. Those inmates released to a detainer are eligible pursuant to s. 944.703.(2) The department may...
• 944.7065 - Transition Course For Inmates.
  In an effort to ensure that inmates released from the Department of Corrections successfully reenter the community, beginning December 1, 2002, each inmate released from...
• 944.707 - Postrelease Special Services; Job Placement Services.
  (1) The department shall generate and provide to every releasee, identified by the prerelease needs assessment, support services such as, but not limited to, substance abuse...
• 944.708 - Rules.
  The Department of Corrections shall adopt rules to implement the provisions of ss. 944.701-944.707.History.—ss. 11, 12, ch. 87-298; s. 13, ch. 88-122; s. 41, ch....
• 944.710 - Definitions Of Terms Relating To Private Operation Of State Correctional Facilities And S. 944.105.
  As used with respect to private operation of state correctional facilities and s. 944.105, the term:(1) “Bidder” means any individual, partnership, corporation, or unincorporated association that...
• 944.711 - Requests For Proposals.
  The department shall develop a request for proposals to construct or construct and operate a single-cell prototype institution or any facility of the department specified...
• 944.712 - Bidder And Private Vendor Qualifications.
  Any private vendor selected by the department must have the qualifications and operations and management experience to carry out the terms of the contract. In...
• 944.713 - Insurance Against Liability.
  (1) A bidder must provide an adequate plan of insurance against liability, including liability for violations of an inmate’s civil rights by an insurance agency licensed...
• 944.714 - Quality Assurance And Standards Of Operation.
  (1) The level and quality of programs provided by a private vendor at a private correctional facility must be at least equal to programs provided at...
• 944.715 - Delegation Of Authority.
  (1) A private vendor shall incarcerate all inmates assigned to the private correctional facility by the department and as specified in the contract. The department may...
• 944.716 - Contract Termination And Control Of A Correctional Facility By The Department.
  A detailed plan shall be provided by a private vendor under which the department shall assume control of a private correctional facility upon termination of...
• 944.717 - Conflicts Of Interest.
  (1) An employee of the department or any governmental entity that exercises any functions or responsibilities in the review or approval of a private correctional facility...
• 944.718 - Withdrawal Of Request For Proposals.
  (1) When soliciting proposals for the construction, lease, or operation of a private correctional facility, the department may reserve the right to withdraw the request for...
• 944.719 - Adoption Of Rules, Monitoring, And Reporting.
  (1) The department shall adopt rules pursuant to chapter 120 specifying criteria for contractual arrangements and standards for the operation of correctional facilities by private vendors....
• 944.72 - Privately Operated Institutions Inmate Welfare Trust Fund.
  (1) There is hereby created in the Department of Corrections the Privately Operated Institutions Inmate Welfare Trust Fund. The purpose of the trust fund shall be...
• 944.801 - Education For State Prisoners.
  (1) There is hereby established under the Department of Corrections a Correctional Education Program which shall be composed of the educational facilities and services of all...
• 944.802 - Direct-support Organization; Definition; Use Of Property; Board Of Directors; Audit.
  (1) DEFINITION.—For the purpose of this section, the term “direct-support organization” means an organization:(a) Which is a corporation not for profit that is incorporated under the provisions...
• 944.803 - Faith- And Character-based Programs.
  (1) The Legislature finds and declares that faith- and character-based programs offered in state and private correctional institutions and facilities have the potential to facilitate inmate...
• 944.8031 - Inmate’s Family Visitation; Legislative Intent; Minimum Services Provided To Visitors; Budget Requests.
  (1) The Legislature finds that maintaining an inmate’s family and community relationships through enhancing visitor services and programs and increasing the frequency and quality of the...
• 944.804 - Elderly Offenders Correctional Facilities Program Of 2000.
  (1) The Legislature finds that the number and percentage of elderly offenders in the Florida prison system are increasing and will continue to increase for the...
• 944.8041 - Elderly Offenders; Annual Review.
  For the purpose of providing information to the Legislature on elderly offenders within the correctional system, the department and the Correctional Medical Authority shall each...

Last modified: September 23, 2016