Title XLVII, Criminal Procedure and Corrections

(1) Each board of county commissioners shall establish a county public safety coordinating council for the county or shall join with a consortium of one or more other counties to establish a public safety coordinating council for the geographic area represented by the member coun…

(1) Each county and each municipal detention facility must develop a written procedure regarding the blood testing of inmates in consultation with the facility medical provider. The written procedure must:(a) Include conditions under which an inmate will be tested for infectious …

Upon consultation with the Department of Law Enforcement and the Social Security Administration, the county sheriff or chief correctional officer or his or her designee shall establish and implement a process to submit to the Social Security Administration, directly or indirectly…

(1) With respect to a person who has been convicted of a felony and is serving a sentence in a county detention facility, the administrator of the county detention facility shall provide the following to the prisoner, at least 2 weeks before discharge, if possible:(a) An applicat…

This chapter may be cited as the “Correctional Privatization Act.”History.—s. 40, ch. 93-406; s. 10, ch. 2004-248.

As used in this chapter, “department” means the Department of Corrections.History.—s. 40, ch. 93-406; s. 11, ch. 2004-248.

(1) A contract entered into under this chapter for the operation of contractor-operated correctional facilities shall maximize the cost savings of such facilities and:(a) Unless otherwise specified in this chapter, is not exempt from chapter 287, including the competitive solicit…

(1) Each contractor entering into a contract under this chapter is liable in tort with respect to the care and custody of inmates under its supervision and for any breach of contract. Sovereign immunity may not be raised by a contractor, or the insurer of that contractor on the c…

A contract entered into under this chapter does not authorize, allow, or imply a delegation of authority to the contractor to:(1) Make a final determination on the custody classification of an inmate. The contractor may submit a recommendation for a custody change on an inmate; h…

(1) The department may not enter into a contract or series of contracts unless the department determines that the contract or series of contracts in total for the facility will result in a cost savings to the state of at least 7 percent over the public provision of a similar faci…

The department shall transfer and assign prisoners to each contractor-operated correctional facility opened pursuant to this chapter in an amount not less than 90 percent or more than 100 percent of the capacity of the facility pursuant to the contract. The prisoners transferred …

(1)(a) Any offense that if committed at a state correctional facility would be a crime is a crime if committed by or with regard to inmates at contractor-operated correctional facilities operated pursuant to a contract entered into under this chapter.(b) All laws relating to comm…

The Office of Program Policy Analysis and Government Accountability shall develop and implement an evaluation of the costs and benefits of each contract entered into under this chapter. This evaluation must include a comparison of the costs and benefits of constructing and operat…

Except in writing to the procurement office or as provided in the solicitation documents, a bidder or potential bidder is not permitted to have any contact with any member or employee of or consultant to the department regarding a competitive solicitation, a proposal, or the eval…

(1) The Florida Department of Law Enforcement may accept fingerprints of individuals who apply for employment at a contractor-operated correctional facility and who are required to have background checks under the provisions of this chapter.(2) The Florida Department of Law Enfor…

A detailed plan shall be provided by a private vendor under which the department shall assume temporary control of a contractor-operated correctional facility upon termination of the contract. The department may terminate the contract with cause after written notice of material d…

The request for appropriation of funds to make payments pursuant to contracts entered into by the department for the operation, maintenance, and lease-purchase of the contractor-operated correctional facilities authorized by this chapter shall be included in its budget request to…

The department is authorized to modify and execute agreements with contractors to expand up to the total capacity of contracted correctional facilities. Total capacity means the design capacity of all contracted correctional facilities increased by one-half as described under s. …

Sections 958.011-958.15 shall be known and may be cited as the “Florida Youthful Offender Act.”History.—s. 1, ch. 78-84.

The purpose of this chapter is to improve the chances of correction and successful return to the community of youthful offenders sentenced to imprisonment by providing them with enhanced vocational, educational, counseling, or public service opportunities and by preventing their …

As used in this act:(1) “Department” means the Department of Corrections.(2) “Community control program” means a form of intensive supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community c…

(1) The court may sentence as a youthful offender any person:(a) Who is at least 18 years of age or who has been transferred for prosecution to the criminal division of the circuit court pursuant to chapter 985;(b) Who is found guilty of or who has tendered, and the court has acc…

(1) The department shall develop and implement a basic training program for youthful offenders sentenced or classified by the department as youthful offenders pursuant to this chapter. The period of time to be served at the basic training program shall be no less than 120 days.(a…

In counties where there are county-operated youthful offender boot camp programs, other than boot camps described in s. 958.04, the court may sentence a youthful offender to such a boot camp. In county-operated youthful offender boot camp programs, juvenile offenders shall not be…

The court, upon motion of the defendant, or upon its own motion, may within 60 days after imposition of sentence suspend the further execution of the sentence and place the defendant on probation in a community control program upon such terms as the court may require. The departm…

The defendant is entitled to an opportunity to present to the court facts which would materially affect the decision of the court to adjudicate the defendant a youthful offender. The defendant, his or her attorney, and the state shall be entitled to inspect all factual material c…

(1) The department shall adopt rules permitting the extension of the limits of the place of confinement of a youthful offender when there is reasonable cause to believe that the youthful offender will honor the trust placed in him or her. The department may authorize a youthful o…

(1) The department shall by rule designate separate institutions and programs for youthful offenders and shall employ and utilize personnel specially qualified by training and experience to operate all such institutions and programs for youthful offenders. Youthful offenders who …

(1) A youthful offender shall be required to participate in work assignments, and in career, academic, counseling, and other rehabilitative programs in accordance with this section, including, but not limited to:(a) All youthful offenders may be required, as appropriate, to parti…

(1) The records relating to the arrest, indictment, information, trial, or disposition of alleged offenses of a person adjudicated a youthful offender under this act shall be subject to such sealing, expunction, and control of dissemination as are the criminal justice records of …

A violation or alleged violation of probation or the terms of a community control program shall subject the youthful offender to the provisions of s. 948.06. However, no youthful offender shall be committed to the custody of the department for a substantive violation for a period…

The provisions of this act shall not restrict the participation of youthful offenders in a mutual participation agreement adopted pursuant to s. 947.135.History.—s. 15, ch. 78-84.

(1) The Department of Legal Affairs, the state attorneys, the Department of Corrections, the Department of Juvenile Justice, the Florida Commission on Offender Review, the State Courts Administrator and circuit court administrators, the Department of Law Enforcement, and every sh…

(1) The state attorney may file a demand for a speedy trial if the state has met its obligations under the rules of discovery, the charge is a felony or misdemeanor, the court has granted at least three continuances upon the request of the defendant over the objection of the stat…

(1) The Legislature finds that in order to ensure that crime victims can effectively understand and exercise their rights under s. 16, Art. I of the State Constitution, and to promote law enforcement that considers the interests of crime victims, victims must be properly advised …

(1) LEGISLATIVE INTENT.—The Legislature finds that a victim of a criminal offense which involves the transmission of body fluids, or which involves certain sexual offenses in which the victim is a minor, disabled adult, or elderly person, is entitled to know at the earliest possi…

The provisions of ss. 960.01-960.28 may be cited as the “Florida Crimes Compensation Act.”History.—s. 1, ch. 77-452; s. 18, ch. 92-287.

The Legislature recognizes that many innocent persons suffer personal injury or death as a direct result of adult and juvenile criminal acts or in their efforts to prevent crime or apprehend persons committing or attempting to commit adult and juvenile crimes. Such persons or the…

As used in ss. 960.01-960.28, unless the context otherwise requires, the term:(1) “Catastrophic injury” means a permanent impairment constituted by:(a) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;(b) Amputation of an arm, a hand, a foot, or a leg;…

It shall be the duty of the department to assist persons who are victims of crime.(1) The department shall:(a) Establish and maintain an office in Tallahassee and prescribe the duties of the employees of the Crime Victims’ Services Office.(b) Adopt rules pursuant to ss. 120.536(1…

(1) There is hereby created within the Department of Legal Affairs a Crime Victims’ Services Office, which shall be the organizational unit through which the department exercises its duties and responsibilities pursuant to this chapter.(2) The Crime Victims’ Services Office is es…

(1) Except as provided in subsection (2), the following persons shall be eligible for awards pursuant to this chapter:(a) A victim.(b) An intervenor.(c) A surviving spouse, parent or guardian, sibling, or child of a deceased victim or intervenor.(d) Any other person who is depend…

(1) A claim for compensation may be filed by a person eligible for compensation as provided in s. 960.065 or, if such person is a minor, by his or her parent or guardian or, if the person entitled to make a claim is mentally incompetent, by the person’s guardian or such other ind…

(1) The department shall have authority to allow, deny, controvert, and litigate claims made against it and to delegate to the Crime Victims’ Services Office such authority.(2) The action of the department or the Crime Victims’ Services Office in allowing, denying, or controverti…

Notwithstanding s. 960.07, if it appears to the department that such claim is one with respect to which an award probably will be made, and that either the claimant is a recipient of benefits under the federal Social Security Act or undue hardship will result to the claimant if i…

(1)(a) No award shall be made unless the department finds that:1. A crime was committed;2. Such crime directly resulted in personal injury to, psychiatric or psychological injury to, or death of, the victim or intervenor; and3. Such crime was promptly reported to the proper autho…