The Florida Senate

944.17  Commitments and classification; transfers.--

(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 department shall direct, in accordance with its classification scheme.

(3)  Notwithstanding the provisions of s. 948.03, only those persons who are convicted and sentenced in circuit court to a cumulative sentence of incarceration for 1 year or more, whether sentence is imposed in the same or separate circuits, may be received by the department into the state correctional system. Such persons shall be delivered to the custody of the department at such reception and classification centers as shall be provided for this purpose.

(4)  The department shall design and supply to the clerks of the circuit courts a uniform commitment form to be completed by the clerks and used in the issuing of commitments to the department of all persons convicted and sentenced in their respective courts. The department shall adopt the uniform judgment and sentence forms as promulgated by the Supreme Court in Rule 3.986, Florida Rules of Criminal Procedure.

¹(5)  The department shall also refuse to accept a person into the state correctional system unless the following documents are presented in a completed form by the sheriff or chief correctional officer, or a designated representative, to the officer in charge of the reception process:

(a)  The uniform commitment and judgment and sentence forms as described in subsection (4).

(b)  The sheriff's certificate as described in s. 921.161.

(c)  A certified copy of the indictment or information relating to the offense for which the person was convicted.

(d)  A copy of the probable cause affidavit for each offense identified in the current indictment or information.

²(e)  A copy of the sentencing guidelines scoresheet and any attachments thereto prepared pursuant to Rule 3.701, Florida Rules of Criminal Procedure.

(f)  A copy of the restitution order or the reasons by the court for not requiring restitution pursuant to s. 775.089(1).

(g)  The name and address of any victim, if available.

(h)  A printout of a current criminal history record as provided through an FCIC/NCIC printer.

(i)  Any available health assessments including medical, mental health, and dental, including laboratory or test findings; custody classification; disciplinary and adjustment; and substance abuse assessment and treatment information which may have been developed during the period of incarceration prior to the transfer of the person to the department's custody. Available information shall be transmitted on standard forms developed by the department.

In addition, the sheriff or other officer having such person in charge shall also deliver with the foregoing documents any available presentence investigation reports as described in s. 921.231 and any attached documents. After a prisoner is admitted into the state correctional system, the department may request such additional records relating to the prisoner as it considers necessary from the clerk of the court, the ³Department of Health and Rehabilitative Services, or any other state or county agency for the purpose of determining the prisoner's proper custody classification, gain-time eligibility, or eligibility for early release programs. An agency that receives such a request from the department must provide the information requested.

(6)  If a person is sentenced by a circuit court to serve a term of imprisonment concurrently with a term being served in another jurisdiction, the sheriff or chief correctional officer shall notify the department of the location at which such person is serving such term of imprisonment and shall forward to the department the documents described in subsection (5).

(7)  Pursuant to such regulations as it may provide, the department may transfer prisoners from one institution to another institution in the correctional system and classify and reclassify prisoners as circumstances may require.

(8)  If a state prisoner's presence is required in court for any reason after the sheriff or chief correctional officer has relinquished custody to the department, the court shall issue an order for the sheriff or chief correctional officer to assume temporary custody and transport the prisoner to the county jail pending the court appearance. The sheriff or chief correctional officer, or a designated representative, shall present a copy of the order to appropriate officers at the facility housing the prisoner prior to assuming temporary custody of the prisoner. Neither the court nor the sheriff or chief correctional officer may release such prisoner without first obtaining confirmation from the department that the prisoner has no commitments from other jurisdictions or outstanding detainers. It is the responsibility of the clerk of the circuit court to provide the department's central office with certified copies of each court action that affects a state commitment.

History.--s. 15, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 42, ch. 77-120; s. 51, ch. 79-3; s. 2, ch. 85-288; s. 2, ch. 87-211; s. 4, ch. 89-526; s. 18, ch. 91-225; s. 13, ch. 91-280; s. 3, ch. 92-310; s. 7, ch. 93-37; s. 29, ch. 97-194.

¹Note.--Section 29, ch. 97-194, purported to amend paragraph (e) of subsection (5), effective October 1, 1998, but did not set out in full the amended paragraph to include flush left language at the end of subsection (5). Absent affirmative evidence that the Legislature intended to repeal the omitted material, it will be set out in full here, pending clarification by the Legislature, when the amendment by s. 29, ch. 97-194, takes effect.

²Note.--Section 29, ch. 97-194, amended paragraph (e) of subsection (5), effective October 1, 1998, to read:

(e)  A copy of the Criminal Punishment Code scoresheet and any attachments thereto prepared pursuant to Rule 3.701, Florida Rules of Criminal Procedure.

³Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.