Florida Statute 944.17 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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F.S. 944.17

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)(a) 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.

(b) Notwithstanding paragraph (a), any prisoner incarcerated in the state correctional system or contractor-operated correctional facility operated pursuant to chapter 957 who is convicted in circuit or county court of a crime committed during that incarceration shall serve the sentence imposed for that crime within the state correctional system regardless of the length of sentence or classification of the offense.

(c)1. When the highest ranking offense for which the prisoner is convicted is a felony, the trial court shall sentence the prisoner pursuant to the Criminal Punishment Code in chapter 921.

2. When the highest ranking offense for which the prisoner is convicted is a misdemeanor, the trial court shall sentence the prisoner pursuant to s. 775.082(4).

(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.

(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. The department may, at its discretion, receive such documents electronically:

(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.

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

(e) A copy of the Criminal Punishment Code scoresheet and any attachments thereto prepared pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or any other rule pertaining to the preparation of felony sentencing scoresheets.

(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 before 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 Department of Children and Families, 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. The department may, at its discretion, receive such information electronically.

(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; s. 15, ch. 98-204; s. 310, ch. 99-8; s. 1, ch. 2001-93; s. 321, ch. 2014-19; s. 30, ch. 2016-224; s. 3, ch. 2017-31; s. 19, ch. 2024-84.

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F.S. 944.17 on Casetext

Amendments to 944.17

Arrestable Offenses / Crimes under Fla. Stat. 944.17

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.17.

Annotations, Discussions, Cases:

Cases Citing Statute 944.17

Total Results: 17

Frederick Webster v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-30T00:53:00-07:00

Snippet: declaratory judgment to determine the validity of section 944.17, Florida Statutes (2017), concerning commitment…Corrections. Appellant claimed that because section 944.17(5) fails to provide a cause of action for him to… or sentence, properly recognizing that section 944.17 has no effect on these matters. It is well-settled… he was in doubt as to his rights under section 944.17(5). Absent a showing of at least a colorable right

Taylor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-05T23:53:00-08:00

Snippet: ;Central Office" back to the county. See § 944.17(7), Fla. Stat. (2016) ("[T]he department may…institution in the correctional system."); 944.17(8) ("If a state prisoner's presence is…quot; § 944.02(6) (emphasis added); see also § 944.17(1) ("Each prisoner sentenced to the state

Pierce v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-14T00:00:00-08:00

Citation: 150 So. 3d 1207, 2013 Fla. App. LEXIS 21142, 2014 WL 5900034

Snippet: 67 (Altenbernd, J., concurring) (citing section 944.17(4), Florida Statutes (2010)). The Department appears

Edwards v. Crews

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-25T00:00:00-07:00

Citation: 124 So. 3d 422, 2013 Fla. App. LEXIS 17056, 2013 WL 5779485

Snippet: Institution without full compliance with section 944.17(5), Florida Statutes, the writ of ha-beas corpus…deficiencies in the documents are discovered, section 944.17(5), Florida Statutes contains no indication that…confer a liberty interest upon a prisoner. Section 944.17, Florida Statutes does not create a cause of action

Jackson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-25T00:00:00-08:00

Citation: 56 So. 3d 65, 2011 Fla. App. LEXIS 2285, 2011 WL 923961

Snippet: designed and supplies to the circuit courts. See § 944.17(4), Fla. Stat. (2010). The standard form is confusing…and community control as the law requires. See § 944.17(4). Although this case is not an example, this

Sykes v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-24T00:00:00-08:00

Citation: 31 So. 3d 846, 2010 Fla. App. LEXIS 2071, 2010 WL 624229

Snippet: papers do not meet the requirements of section 944.17(5), Florida Statutes. This statute directs the

Sykes v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-10T23:53:00-08:00

Citation: 974 So. 2d 1133

Snippet: County Correctional Institution had violated section 944.17(5), Florida Statutes, by admitting him on the basis…concluded that Appellant's arguments under section 944.17(5) constituted a collateral attack. See Carthane…habeas corpus that alleged DOC had violated section 944.17(5)). Appellant did not request any change in his…to whether the Legislature, in enacting section 944.17(5), intended to create an avenue by which prisoners

Yisrael v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-16T00:53:00-07:00

Citation: 938 So. 2d 546

Snippet: ), Fla. Stat. (2005). [9] § 944.17(4), Fla. Stat. (2005). [10] § 944.17(5)(a), Fla. Stat. (2005). [11

Florida Department of Corrections v. Watts

Court: Fla. | Date Filed: 2001-11-08T00:00:00-08:00

Citation: 800 So. 2d 225, 26 Fla. L. Weekly Supp. 743, 2001 Fla. LEXIS 2264

Snippet: ;The Florida Corrections Code of 1957.” Section 944.17, Florida Statutes (1999), entitled "Commitments

Carthane v. Crosby

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-21T23:53:00-08:00

Citation: 776 So. 2d 964

Snippet: sentencing guidelines scoresheet. Finally, section 944.17(5), Florida Statutes (1999), states that DOC shall

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-11-19T23:53:00-08:00

Snippet: , ss. 957.06(4)-(8), Fla. Stat. 16 See, section 944.17(1), Fla. Stat., providing that each prisoner sentenced

Girtman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-05-21T00:53:00-07:00

Citation: 617 So. 2d 1168

Snippet: Corrections which occurs after sentencing. See § 944.17(1), Fla. Stat. (1991) ("Each prisoner sentenced

Fletcher v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-11-29T00:00:00-08:00

Citation: 593 So. 2d 514, 1991 Fla. App. LEXIS 11867, 1991 WL 248608

Snippet: remainder of that original sentence. . See §§ 944.17(1) and 921.187(1)(Z), Fla.Stat. . See Poore v

In Re Keppro

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-09T23:53:00-08:00

Citation: 573 So. 2d 140

Snippet: terms of the section. Furthermore, under Section 944.17(8), Florida Statutes (1987), the court is required

Poore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-02-04T23:53:00-08:00

Citation: 503 So. 2d 1282

Snippet: sentence. Although there may be two commitments (see § 944.17, Fla. Stat.) as to one split sentence when, after…sentence, to the sheriff for his use under section 944.17(5)(a), Florida Statutes, in returning the defendant

Woodard v. Florida Parole & Probation Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-21T00:00:00-08:00

Citation: 429 So. 2d 1360, 1983 Fla. App. LEXIS 19202

Snippet: . Moreover, the commitment issued pursuant to § 944.17, Florida Statutes, recites that Woodard was sentenced

Hampton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1982-11-09T23:53:00-08:00

Citation: 421 So. 2d 775

Snippet: Corrections has and maintains adequate records (§§ 944.17, 944.18, 944.25, Fla. Stat. (1981)), from which