Florida Statute 945.091 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 945
DEPARTMENT OF CORRECTIONS

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F.S. 945.091

945.091 Extension of the limits of confinement; restitution by employed inmates.—

(1) The department may adopt rules permitting the extension of the limits of the place of confinement of an inmate as to whom there is reasonable cause to believe that the inmate will honor his or her trust by authorizing the inmate, under prescribed conditions and following investigation and approval by the secretary, or the secretary’s designee, who shall maintain a written record of such action, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:

(a) Visit, for a specified period, a specifically designated place or places:

1. For the purpose of visiting a dying relative, attending the funeral of a relative, or arranging for employment or for a suitable residence for use when released;

2. To otherwise aid in the rehabilitation of the inmate and his or her successful transition into the community; or

3. For another compelling reason consistent with the public interest,

and return to the same or another institution or facility designated by the Department of Corrections.

(b) Work at paid employment, participate in an education or a training program, or voluntarily serve a public or nonprofit agency or faith-based service group in the community, while continuing as an inmate of the institution or facility in which the inmate is confined, except during the hours of his or her employment, education, training, or service and traveling thereto and therefrom. An inmate may travel to and from his or her place of employment, education, or training only by means of walking, bicycling, or using public transportation or transportation that is provided by a family member or employer. Contingent upon specific appropriations, the department may transport an inmate in a state-owned vehicle if the inmate is unable to obtain other means of travel to his or her place of employment, education, or training.

1. An inmate may participate in paid employment only during the last 36 months of his or her confinement, unless sooner requested by the Florida Commission on Offender Review or the Control Release Authority.

2. While working at paid employment and residing in the facility, an inmate may apply for placement at a contracted substance abuse transition housing program. The transition assistance specialist shall inform the inmate of program availability and assess the inmate’s need and suitability for transition housing assistance. If an inmate is approved for placement, the specialist shall assist the inmate. If an inmate requests and is approved for placement in a contracted faith-based substance abuse transition housing program, the specialist must consult with the chaplain before such placement. The department shall ensure that an inmate’s faith orientation, or lack thereof, will not be considered in determining admission to a faith-based program and that the program does not attempt to convert an inmate toward a particular faith or religious preference.

(c) Participate in a residential or nonresidential rehabilitative program operated by a public or private nonprofit agency, including faith-based service groups, with which the department has contracted for the treatment of such inmate. The provisions of ss. 216.311 and 287.057 shall apply to all contracts between the department and any private entity providing such services. The department shall require such agency to provide appropriate supervision of inmates participating in such program. The department is authorized to terminate any inmate’s participation in the program if such inmate fails to demonstrate satisfactory progress in the program as established by departmental rules.

(2) Each inmate who demonstrates college-level aptitudes by satisfactory evidence of successful completion of college-level academic coursework may be provided the opportunity to participate in college-level academic programs which may be offered at community colleges or universities. The inmate is personally responsible for the payment of all student fees incurred.

(3) The department may adopt regulations as to the eligibility of inmates for the extension of confinement, the disbursement of any earnings of these inmates, or the entering into of agreements between itself and any city or county or federal agency for the housing of these inmates in a local place of confinement. However, no person convicted of sexual battery pursuant to s. 794.011 is eligible for any extension of the limits of confinement under this section.

(4) The willful failure of an inmate to remain within the extended limits of his or her confinement or to return within the time prescribed to the place of confinement designated by the department shall be deemed as an escape from the custody of the department and shall be punishable as prescribed by law.

(5) The provisions of this section shall not be deemed to authorize any inmate who has been convicted of any murder, manslaughter, sexual battery, robbery, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, or aircraft piracy, or any attempt to commit the aforementioned crimes, to attend any classes at any Florida College System institution or any university which is a part of the State University System.

(6)(a) The department shall require inmates working at paid employment as provided in paragraph (1)(b) to use a portion of the employment proceeds to provide restitution to the aggrieved party for the damage or loss caused by the offense of the inmate, in an amount to be determined by the department, unless the department finds clear and compelling reasons not to order such restitution. If restitution or partial restitution is not ordered, the department shall state on the record in detail the reasons therefor.

(b) An offender who is required to provide restitution or reparation may petition the circuit court to amend the amount of restitution or reparation required or to revise the schedule of repayment established by the department or the Florida Commission on Offender Review.

(7) The department shall document and account for all forms for disciplinary reports for inmates placed on extended limits of confinement, which shall include, but not be limited to, all violations of rules of conduct, the rule or rules violated, the nature of punishment administered, the authority ordering such punishment, and the duration of time during which the inmate was subjected to confinement.

(8)(a) The department is authorized to levy fines only through disciplinary reports and only against inmates placed on extended limits of confinement. Major and minor infractions and their respective punishments for inmates placed on extended limits of confinement shall be defined by the rules of the department, provided that any fine shall not exceed $50 for each infraction deemed to be minor and $100 for each infraction deemed to be major. Such fines shall be deposited in the General Revenue Fund, and a receipt shall be given to the inmate.

(b) When the chief correctional officer determines that a fine would be an appropriate punishment for a violation of the rules of the department, both the determination of guilt and the amount of the fine shall be determined by the disciplinary committee pursuant to the method prescribed in s. 944.28(2)(c).

History.—s. 1, ch. 67-59; s. 1, ch. 69-6; ss. 19, 35, ch. 69-106; s. 1, ch. 71-112; s. 9, ch. 76-273; s. 74, ch. 77-120; s. 4, ch. 77-150; s. 86, ch. 79-3; s. 2, ch. 83-274; s. 2, ch. 83-290; s. 7, ch. 84-363; s. 9, ch. 85-288; s. 8, ch. 85-340; s. 2, ch. 86-46; s. 12, ch. 88-96; ss. 55, 88, ch. 88-122; s. 32, ch. 90-268; s. 1, ch. 92-27; s. 21, ch. 93-156; s. 27, ch. 95-283; s. 13, ch. 96-312; s. 1857, ch. 97-102; s. 14, ch. 2001-110; s. 1, ch. 2003-141; s. 9, ch. 2003-179; s. 171, ch. 2014-17; s. 36, ch. 2014-191.

F.S. 945.091 on Google Scholar

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Amendments to 945.091

Arrestable Offenses / Crimes under Fla. Stat. 945.091

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 945.091.

Annotations, Discussions, Cases:

Cases Citing Statute 945.091

Total Results: 18

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-11

Court: Supreme Court of Florida | Date Filed: 2020-02-27

Snippet: § 944.40, Fla. Stat. (including § 945.091(4), Fla. Stat. and § 951.24(4), Fla. Stat.)

Andrew A. Rodriguez v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-08-04

Citation: 224 So. 3d 811, 2017 WL 3318009, 2017 Fla. App. LEXIS 11282

Snippet: physically present in prison or jail. Section 945.091, Florida Statutes (2014), authorizes the Department

Claudio J. Poillot v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-09-08

Citation: 200 So. 3d 743, 41 Fla. L. Weekly Supp. 370, 2016 Fla. LEXIS 1996

Snippet: [the Fifth District] also examine[d] section 945.091, Florida Statutes (2014), which authorizes the

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2016-02

Court: Supreme Court of Florida | Date Filed: 2016-08-25

Citation: 199 So. 3d 234, 2016 WL 4480340

Snippet: ESCAPE § 944.40, Fla. Stat. (including § 945.091(4), Fla. Stat. and § 951.24(4), Fla. Stat.)

State v. Poillot

Court: District Court of Appeal of Florida | Date Filed: 2015-08-07

Citation: 173 So. 3d 1070, 2015 Fla. App. LEXIS 11802, 2015 WL 4660119

Snippet: context of this case, we must also examine section 945.091, Florida Statutes (2014), which authorizes the

Ralph A. Thomas v. Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2015-03-04

Citation: 159 So. 3d 291, 2015 WL 926773

Snippet: actual time the inmate remains confined. Section 945.091, Florida Statutes (2013), provides as follows:

Crumity v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-02-08

Citation: 922 So. 2d 276, 2006 Fla. App. LEXIS 2565, 2006 WL 436141

Snippet: been different had the State relied on section 945.091(4), Florida Statutes (2003), which provides: The

J.A.G. v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-09-04

Citation: 825 So. 2d 497, 2002 Fla. App. LEXIS 12778, 2002 WL 2009619

Snippet: confinement within a prescribed time. It is section 945.091, Florida Statutes (2001), that defines that offense

Thomas v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-10-06

Citation: 741 So. 2d 1246, 1999 WL 790652

Snippet: escape from the custody of the department...." § 945.091(4), Fla. Stat. (1997). See also § 775.082(8)(a)

Atwell v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-07-19

Citation: 739 So. 2d 1166, 1999 WL 503510

Snippet: escape in at least two different ways. Section 945.091(4), Florida Statutes (1997), provides: The willful

Hilbert v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-10-11

Citation: 661 So. 2d 895, 1995 Fla. App. LEXIS 10633, 1995 WL 594968

Snippet: not confined as that term is defined in section 945.091(l)(d), Florida Statutes (1989),1 he could not properly

Munn v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-02-01

Citation: 573 So. 2d 439, 1991 Fla. App. LEXIS 687, 1991 WL 9364

Snippet: program authorized by section 945.091, Florida Statutes (1987). Section 945.091(l)(d) states that “fwjhile

Tarpley v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-09-12

Citation: 566 So. 2d 914, 1990 WL 132037

Snippet: is eligible for neither. See §§ 944.277(1)(c), 945.091(3), Fla. Stat. (1989). If a defendant, deciding

Pumphrey v. State

Court: Supreme Court of Florida | Date Filed: 1988-07-14

Citation: 527 So. 2d 1382, 1988 WL 73561

Snippet: so limited. Nor do the provisions of sections 945.091 and 951.24, Florida Statutes (1985), which extend

Pumphrey v. State

Court: District Court of Appeal of Florida | Date Filed: 1987-09-01

Citation: 512 So. 2d 1018, 12 Fla. L. Weekly 2095, 1987 Fla. App. LEXIS 10068

Snippet: and for state prisoners via Sections 951.24 and 945.091, respectively, which sections specifically provide

Cribbs v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-01-04

Citation: 378 So. 2d 316

Snippet: 196, 182 N.W.2d 4 (1970), cert. denied, 400 U.S. 945, 91 S.Ct. 960, 28 L.Ed.2d 228 (1971); People v. Swift

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 1978-03-15

Citation: 357 So. 2d 203

Snippet: from which appellant escaped. Although Sections 945.091 and 951.24, Florida Statutes (1975), specifically

Price v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-06-09

Citation: 333 So. 2d 84

Snippet: legislature, by the adoption of Florida Statutes 945.091 and 951.24, has recognized that a prisoner may