The Florida Senate

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 both aggravating and mitigating factors.

(1)  In scoring either the initial inmate classification questionnaire or the inmate reclassification questionnaire, points must be added to the inmate's overall score for factors indicating the inmate's custody risk. Such factors may include:

(a)  The severity of the crime;

(b)  The length of the sentence; and

(c)  The verified history involving intentional violence.

(2)  In scoring the initial inmate classification questionnaire, points may be deducted from the inmate's overall score for factors indicating the inmate's stability. Such factors may include:

(a)  Age 30 or over;

(b)  High school diploma or GED received; and

(c)  Full-time employment, full-time school attendance, or part-time employment and part-time school attendance for 6 months or longer at the time of arrest.

(3)  Points may be deducted from the inmate's overall score on the inmate reclassification questionnaire for continuous positive behavior. Continuous positive behavior may include:

(a)  Lack of any major penalties for a specified period of time;

(b)  Completion of any correctional programs aimed at self-betterment, such as drug or alcohol counseling, vocational training, or academic programs;

(c)  Above-average behavior or progress on work squads outside the perimeter of the institution; or

(d)  Above-average behavior or progress in any employment inside the perimeter of the institution.

(4)  The department shall cross-validate the initial inmate classification questionnaire and the inmate reclassification questionnaire using custody score sheets from other states to determine the validity of the Florida model. If any items prove to be invalid, the department may revise either questionnaire as needed.

(5)(a)  Notwithstanding any other provision of this section, the department shall assign to specific correctional facilities all inmates who are less than 18 years of age and who are not eligible for and have not been assigned to a facility for youthful offenders. Any such inmate who is less than 18 years of age shall be housed in a dormitory that is separate from inmates who are 18 years of age or older. Furthermore, the department shall provide any food service, education, and recreation for such inmate separately from inmates who are 18 years of age or older. The department shall report to the Legislature on compliance with this paragraph by April 1, 2002.

(b)  Notwithstanding the requirements of s. 958.11, any inmate who is less than 18 years of age, who was 15 years of age or younger at the time of his or her offense, and who has no prior juvenile adjudication must be placed in a facility for youthful offenders until the inmate is 18 years of age. At the discretion of the department, such an inmate may be placed in a facility for youthful offenders until the inmate is 21 years of age.

(c)  Any inmate who is assigned to a facility under paragraph (a) or paragraph (b) shall be removed and reassigned to the general inmate population if his or her behavior threatens the safety of other inmates or correctional staff.

History.--s. 83, ch. 88-122; s. 1, ch. 2001-210.