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The Florida Senate

2011 Florida Statutes

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944 STATE CORRECTIONAL SYSTEM Entire Chapter
SECTION 1905
Initial inmate classification; inmate reclassification.
F.S. 944.1905
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 or chapter 958, the department shall assign to facilities housing youthful offenders all inmates who are less than 18 years of age and who have not been assigned to a facility for youthful offenders under the provisions of chapter 958. Such an inmate shall be assigned to a facility for youthful offenders until the inmate is 18 years of age; however, the department may assign the inmate to a facility for youthful offenders until the inmate reaches an age not to exceed 21 years if the department determines that the continued assignment is in the best interests of the inmate and the assignment does not pose an unreasonable risk to other inmates in the facility.
(b) Any inmate who is assigned to a facility under paragraph (a) is subject to the provisions of s. 958.11 regarding facility assignments, and 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; s. 148, ch. 2005-2; s. 3, ch. 2008-250.