The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
|
||||||
|
Second, for sexual penetration points, the statute contains two clear exceptions. Paragraph (c) expressly precludes the assessment of penetration points for sexual misconduct between a corrections officer and an inmate that does not involve sexual battery. See § 944.35(b)2., Fla. Stat. ("Any employee of the department or a private correctional facility as defined in s. 944.710 who engages in sexual misconduct with an inmate or an offender supervised by the department in the community, without committing the crime of sexual battery, commits a felony of the third degree ...."). And paragraph (d) does the same for instances of sexual abuse upon a human corpse. See § 872.06(2), Fla. Stat. ("A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a dead human body commits a felony of the second degree ....").
housed, worked, or maintained, under the custody and jurisdiction of the Department of Corrections. § 944.710(3), Fla. Stat. A "private correctional facility" is any facility, which is not operated by the Department
housed, worked, or maintained, under the custody and jurisdiction of the Department of Corrections. § 944.710(3), Fla. Stat. A "private correctional facility" is any facility, which is not operated by the Department
housed, worked, or maintained, under the custody and jurisdiction of the Department of Corrections. § 944.710(3), Fla. Stat. A “private correctional facility” is any facility, which is not operated by the Department
§ 944.710(3), Fla. Stat.
a state correctional institution defined in s. 944.02(6); a private correctional facility defined in s. 944.710 or under chapter 957; a county, municipal, or regional jail or other detention facility of local government under chapter 950 or chapter 951; or a secure facility operated and maintained by the Department of Corrections or the Department of Juvenile Justice. § 784.078(1), Fla. Stat. In section 784.082, the Legislature did not find it necessary to define “other detention facility.” Unlike the statutes referred to above, the Legislature did not indicate in section 784.082 that it should have limited application. Our conclusion that the Legislature intended for section 784.082 to apply to juvenile detention centers is confirmed when reading section 784.082in pari materia with other battery statutes found in chapter 784.
Further, Jimmy Ryce facilities are not the same as correctional facilities. Chapter 944, the Florida Corrections Code, defines a "State correctional institution" as "any prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm or other correctional facility, temporary or permanent, in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of the department." § 944.02(6), Fla. Stat. (1999) (emphasis added). A "Prisoner" is defined as "any person who is under arrest and in the lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail or state prison, prison farm, or penitentiary, or to the custody of the department, as provided by law." § 944.02(5). A private correctional facility is defined by statute as "any facility, which is not operated by the department [Department of Corrections], for the incarceration of adults or juveniles who have been sentenced by a court and committed to the custody of the department." § 944.710(3), Fla. Stat. (1999).
Further, Jimmy Ryce facilities are not the same as correctional facilities. Chapter 944, the Florida Corrections Code, defines a "State correctional institution" as "any prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm or other correctional facility, temporary or permanent, in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of the department." § 944.02(6), Fla. Stat. (1999) (emphasis added). A "Prisoner" is defined as "any person who is under arrest and in the lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail or state prison, prison farm, or penitentiary, or to the custody of the department, as provided by law." § 944.02(5). A private correctional facility is defined by statute as "any facility, which is not operated by the department [Department of Corrections], for the incarceration of adults or juveniles who have been sentenced by a court and committed to the custody of the department." § 944.710(3), Fla. Stat. (1999).
. . . . § 944.710(3), Fla. Stat. . . .
. . . state correctional institution defined in s. 944.02(6); a private correctional facility defined in s. 944.710 . . .
. . . .” § 944.710(3), Fla. Stat. (1999). . . .