Chapter 944 — Chapter 944
103 sections in this chapter.
Fla. Stat. § 944.01 Short title
0.1K chars
This act may be cited as “The Florida Corrections Code of 1957.”
Fla. Stat. § 944.012 Legislative intent
7.0K chars
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 received a fair return on that investment. Florida correctional institutions have contributed little to the reduct…
Fla. Stat. § 944.02 Definitions
2.8K chars
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 Offender Review.(2) “Correctional system” means all prisons and other state correctional instit…
Fla. Stat. § 944.023 Comprehensive correctional master plan
17.1K chars
(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 correctional system means the total design capacity of all institutions and facilitie…
Fla. Stat. § 944.0231 Reduction of capacity
2.5K chars
(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 100 percent of total capacity for 21 days, the Governor, pursuant to s. 252.36, may use his or her emergency powers to reduce the…
Fla. Stat. § 944.024 Adult intake and evaluation
2.7K chars
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 diversion from the criminal justice system or referral to residential or…
Fla. Stat. § 944.026 Community-based facilities and programs
9.3K chars
(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 facilities, services, and programs dealing with the rehabilitation of offenders, which shall include,…
Fla. Stat. § 944.033 Community correctional centers; existence; location; purpose; restriction
1.4K chars
(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 state inmates back into the community by means of participation in various work-release, study-r…
Fla. Stat. § 944.053 Forestry Work Camps
3.1K chars
(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 inmates clean the environment and beautify this state. The Department of Agriculture and Consumer Services shall determi…
Fla. Stat. § 944.0611 Department employees; personal vehicle damage claims
0.6K chars
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 made to their personal vehicles while on official state business. Such claims for reimbursement may be filed with the department…
Fla. Stat. § 944.08 Commitment to custody of department; venue of institutions
1.5K chars
(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 of confinement or punishment for a crime, shall be construed to mean and refer to the custody of the Department of Corrections within the …
Fla. Stat. § 944.09 Rules of the department; offenders, probationers, and parolees
11.6K chars
(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 rights of inmates.(b) The conduct to be observed by inmates and the categories of violations according to d…
Fla. Stat. § 944.091 United States prisoners, board authorized
0.7K chars
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 such prisoners have less than 6 months remaining of their federal sentence, and if such prisoners have family relationships or job op…
Fla. Stat. § 944.095 Siting of additional correctional facilities; procedure
7.5K chars
(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 proposes a site for a state correctional facility, it shall request that the local government having …
Fla. Stat. § 944.096 Budget requests for residential facility construction; estimates; appropriations; population in excess of capacity
4.2K chars
(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 the Criminal Justice Estimating Conference. The estimates shall be based on current legal and c…
Fla. Stat. § 944.10 Department of Corrections to provide buildings; sale and purchase of land; contracts to provide services and inmate labor
9.6K chars
(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 correctional facilities operated by the department or a private vendor under contract with the department. Other agencies shall c…
Fla. Stat. § 944.105 Contractual arrangements with contractor-operated entities for operation and maintenance of correctional facilities and supervision of inmates
7.5K chars
(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 the supervision of inmates. However, no such contract shall be entered into or renewed unless:(a) The con…
Fla. Stat. § 944.11 Department to regulate admission of books
2.0K chars
(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 proper observance of days of religious significance within the institutions and for the proper instruction of the prison…
Fla. Stat. § 944.115 Smoking prohibited inside state correctional facilities
8.0K chars
(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 facilities, and inmates by prohibiting inmates from using tobacco products inside any office or building …
Fla. Stat. § 944.14 Supervision of correctional institutions; enforcement of orders and regulations
0.3K chars
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 policy of the state correctional institutions, and to enforce all orders, rules and regulations.
Fla. Stat. § 944.151 Safe operation and security of correctional institutions and facilities
9.3K chars
It is the intent of the Legislature that the Department of Corrections shall be responsible for the safe operation and security of the correctional institutions and facilities. The safe operation and security of the state’s correctional institutions and facilities are critical to…
Fla. Stat. § 944.17 Commitments and classification; transfers
12.2K chars
(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 the department shall be conveyed to such institution, facility, or program in the correctional system as the depart…
Fla. Stat. § 944.171 Housing of inmates
7.2K chars
(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, before transferring a state inmate to another facility as authorized under th…
Fla. Stat. § 944.1905 Initial inmate classification; inmate reclassification
5.7K chars
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 both aggravating and mitigating factors.(1) In scoring either the initial …
Fla. Stat. § 944.23 Persons authorized to visit state prisons
0.6K chars
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 of state courts, state attorneys, public defenders, and authorized representatives of the commission. No…
Fla. Stat. § 944.24 Administration of correctional institutions for women
4.0K chars
(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 prog…
Fla. Stat. § 944.241 Incarcerated pregnant women
18.6K chars
(1) SHORT TITLE.—This section may be cited as the “Tammy Jackson Healthy Pregnancies for Incarcerated Women Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Correctional institution” means any facility under the authority of the department or the Department of Juvenil…
Fla. Stat. § 944.242 Dignity for women in correctional facilities
5.5K chars
(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 o…
Fla. Stat. § 944.275 Gain-time
15.6K chars
(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 prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or …
Fla. Stat. § 944.278 Cancellation of administrative gain-time and provisional credits
1.4K chars
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 sentences in the custody of the department, or serving a state sentence in the custody of another jurisdiction. Re…
Fla. Stat. § 944.279 Disciplinary procedures applicable to prisoner for filing frivolous or malicious actions or bringing false information before court
2.4K chars
(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, pro…
Fla. Stat. § 944.28 Forfeiture of gain-time and the right to earn gain-time in the future
6.7K chars
(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 chapter 948, provisional release as described in 1s. 944.277, parole, or control release as described in s. 947.146 grante…
Fla. Stat. § 944.281 Ineligibility to earn gain-time due to disciplinary action
0.4K chars
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 u…
Fla. Stat. § 944.282 Rules governing inmate use of weight training equipment
0.5K chars
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 in…
Fla. Stat. § 944.291 Prisoner released by reason of gain-time allowances or attainment of provisional release date
2.7K chars
(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 a…
Fla. Stat. § 944.292 Suspension of civil rights
1.4K chars
(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.…
Fla. Stat. § 944.31 Inspector general; inspectors; power and duties
8.5K chars
(1) 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 charged with the duty of inspecting the penal and correctional systems of the state.(2) Th…
Fla. Stat. § 944.32 Reports of prison inspectors; recordation; inspection
0.5K chars
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…
Fla. Stat. § 944.33 Failure of inspector to make report; false report; penalty
0.4K chars
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…
Fla. Stat. § 944.331 Inmate grievance procedure
0.3K chars
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 sha…
Fla. Stat. § 944.35 Authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties
17.1K chars
(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 defend himself or herself or another against such other imminent use of unlawful force;2. To prevent a person from esca…
Fla. Stat. § 944.36 Permitting inmates to escape
0.3K chars
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. 7…
Fla. Stat. § 944.37 Acceptance of unauthorized compensation; penalty
0.4K chars
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…
Fla. Stat. § 944.38 Acceptance of remuneration from contractor; dealing or barter with prisoners; interest in contract; penalty
3.5K chars
(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 o…
Fla. Stat. § 944.39 Interference with prisoners; penalty
1.0K chars
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, punisha…
Fla. Stat. § 944.40 Escapes; penalty
0.7K chars
Any prisoner confined in, or released on furlough from, any prison, jail, contractor-operated 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 muni…
Fla. Stat. § 944.402 Reward for capture of escapee from correctional institution
0.5K chars
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 i…
Fla. Stat. § 944.405 Warrant for retaking offender who has escaped from custody or absconded from rehabilitative community reentry program, or who is ineligible for release
2.2K chars
(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…
Fla. Stat. § 944.44 Holding persons as hostages; penalty
0.4K chars
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 fel…
Fla. Stat. § 944.45 Mutiny, riot, strike; penalty
0.3K chars
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.…