eLaws of Florida

  SECTION 944.09. Rules of the department; offenders, probationers, and parolees.  


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  • 1(1) 2The department has authority to adopt rules pursuant to ss. 12120.536(1) 13and 14120.54 15to implement its statutory authority. The rules must include rules relating to:
    27(a) 28The rights of inmates.
    32(b) 33The conduct to be observed by inmates and the categories of violations according to degrees or levels of severity, as well as the degrees of punishment applicable and appropriate to such violations.
    65(c) 66Disciplinary procedures and punishment.
    70(d) 71Grievance procedures which shall conform to 42 U.S.C. s. 1997e.
    81(e) 82The operation and management of the correctional institution or facility and its personnel and functions.
    97(f) 98The development of a staffing formula for security positions in its residential facilities, taking into account the factors of leave time, security needs, and training requirements.
    124(g) 125Mail to and from the state correctional system.
    133(h) 134Gain-time for good conduct of, release payments to, and release transportation of inmates.
    147(i) 148Uniforms for inmates and custodial personnel.
    154(j) 155Conduct of custodial and other personnel.
    161(k) 162Classification of personnel and duties assigned thereto and classification and separation of offenders according to age, sex, and such other factors as are deemed advisable.
    187(l) 188Credits for confinement prior to commitment to the department.
    197(m) 198Payments to prisoners for work performed. Such payments, if any, shall include restrictions on the use of earnings, including payments for support of dependents and release reserves. The rules shall provide that no payment shall be made to any prisoner who fails to perform the work assigned satisfactorily.
    246(n) 247Visiting hours and privileges. The rules shall provide that any inmate with a current or prior conviction for any offense contained in chapter 794, chapter 800, chapter 827, or chapter 847 for committing or attempting to commit aggravated child abuse or committing or attempting to commit a sex act on, in the presence of, or against a child under the age of 16 years, shall not be allowed visitation with anyone under the age of 18 years, unless special visitation is approved by the warden. The authorization for special visitation shall be based on extenuating circumstances that serve the interest of the children. If visiting is restricted by court order, permission for special visitation may be granted only by the judge issuing the order.
    371(o) 372Mail to and from inmates, including rules specifying the circumstances under which an inmate must pay for the cost of postage for mail that the inmate sends. The department may not adopt a rule that requires an inmate to pay any postage costs that the state is constitutionally required to pay.
    423(p) 424The feeding of prisoners, including diet and menus, and the furnishing of health and comfort items to indigent prisoners.
    443(q) 444The determination of restitution, including the amount and to whom it should be paid. The rules shall provide necessary explanation to support recommendations regarding restitution.
    469(r) 470The function and duties of employees working in the area of community corrections and the operations of probation field and administrative offices.
    492(2) 493It is the duty of the wardens to supervise the governance, discipline, and policy of the state correctional institutions and to enforce all orders and rules.
    519(3) 520The department shall cause a record to be kept of violations of rules of conduct, the rule or rules violated, the nature of punishment administered, the authority ordering such punishment, the duration of time during which the offender was subjected to punishment, and the condition of the prisoner’s health.
    569(4) 570The department shall:
    573(a) 574Investigate all cases referred to it by the circuit court and make its findings and report thereon in writing to such court with its recommendation.
    599(b) 600Cause to be delivered to each person placed on probation under its supervision a certified copy of the terms of such probation and any change or modification thereof and cause such person to be instructed regarding the same.
    638(c) 639Keep informed concerning the conduct, habits, associates, employment, recreations, and whereabouts of such probationer, by visits, by requiring reports, and in other ways.
    662(d) 663Make such reports in writing or otherwise as the court may reasonably require.
    676(e) 677Use all practicable and proper methods to aid and encourage persons on probation and to bring about improvement in their conduct and condition.
    700(f) 701Keep records on each probationer referred to it.
    709(g) 710Cooperate with circuit courts exercising criminal jurisdiction by supervising such probationers and prisoners upon whom the pronouncing of sentence has been deferred and by making such reports to such courts as are directed thereby.
    744(h) 745Supervise all persons placed on parole.
    751(i) 752Aid parolees and probationers in securing employment.
    759(5) 760The department may enter into cooperative agreements with the Federal Government or any department or agency thereof, with any county or municipality in this state or any department or agency thereof, or with any nonprofit charitable corporation or foundation concerned with the rehabilitation of persons who are probationers or parolees or who are under presentence investigation for the performance by the department of services relating to the evaluation and rehabilitation of such persons. Any such agreement shall provide for payment to the department of the actual cost of rendering the services contracted for.
    853(6) 854The department shall maintain the following information within its automated inmate information system regarding each inmate:
    870(a) 871The status of the restitution order.
    877(b) 878The amount of restitution ordered by the court.
    886(c) 887The amount of restitution owed by the inmate.
    895(d) 896The name and address of the victim.
    903(7) 904The department may take a digitized photograph of any inmate or offender under its supervision.
History.-s. 7, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 14, ch. 74-112; s. 33, ch. 77-120; s. 43, ch. 79-3; s. 1, ch. 85-288; s. 3, ch. 85-340; s. 76, ch. 88-122; s. 23, ch. 90-337; s. 3, ch. 91-298; s. 5, ch. 96-312; s. 1852, ch. 97-102; s. 227, ch. 98-200; ss. 8, 9, ch. 99-271; s. 10, ch. 2000-161.

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