Florida Statute 945.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 945
DEPARTMENT OF CORRECTIONS

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F.S. 945.12

945.12 Transfers for rehabilitative treatment.—

(1) The Department of Corrections is authorized to transfer substance abuse impaired persons, as defined in chapter 397, and tuberculous or other prisoners requiring specialized services to appropriate public or private facilities or programs for the purpose of providing specialized services or treatment for as long as the services or treatment is needed, but for no longer than the remainder of the prisoner’s sentence.

(2) The Department of Corrections is authorized to enter into agreements with the controlling authorities of such state institutions which have or are provided with appropriate facilities for the secure confinement and treatment of substance abuse impaired persons, mentally ill persons, and tuberculous persons. In any such agreement, the department shall provide for custodial personnel to maintain proper security of persons transferred from the correctional system to any other state institution. Such custodial personnel shall be employed and paid by the department and subject to rules such as are agreed upon jointly by it and the controlling authority entering into such agreement.

(3) The department shall reimburse the institution furnishing treatment at a figure agreed upon by it and the controlling authority of such institution.

(4) When, in the opinion of the superintendent of an institution to which a prisoner has been transferred, such prisoner has been cured, or will no longer benefit from treatment at that institution, other than a mentally ill prisoner, the superintendent shall notify the department which shall, at the earliest practicable date thereafter, convey such prisoner to the appropriate classification center for reclassification.

(5) When the department plans to release an offender who is mentally ill or intellectually disabled, an involuntary commitment hearing shall be held as soon as possible before his or her release in accordance with chapter 393 or chapter 394.

(6) A prisoner who has been determined by the Department of Children and Families and the Department of Corrections to be amenable to rehabilitative treatment for sexual deviation, and who has voluntarily agreed to participate in such rehabilitative treatment, may be transferred to the Department of Children and Families provided appropriate bed space is available.

(7) A “mentally ill person” is one who has an impairment of the emotional processes, of the ability to exercise conscious control of one’s actions, or of the ability to perceive reality or to understand, which impairment substantially interferes with a person’s ability to meet the ordinary demands of living, regardless of etiology.

History.—s. 12, ch. 57-213; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 1, ch. 74-122; s. 75, ch. 77-120; s. 7, ch. 77-312; s. 88, ch. 79-3; ss. 7, 10, ch. 79-341; s. 497, ch. 81-259; s. 11, ch. 81-293; s. 2, ch. 82-224; s. 2, ch. 83-109; s. 29, ch. 84-361; s. 7, ch. 88-33; s. 45, ch. 93-39; s. 1663, ch. 97-102; s. 315, ch. 99-8; s. 42, ch. 2013-162; s. 325, ch. 2014-19.

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F.S. 945.12 on Casetext

Amendments to 945.12

Arrestable Offenses / Crimes under Fla. Stat. 945.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 945.12.

Annotations, Discussions, Cases:

Cases Citing Statute 945.12

Total Results: 7

State of Florida v. Harry James Chubbuck

Court: Fla. | Date Filed: 2014-06-19T00:00:00-07:00

Citation: 141 So. 3d 1163

Snippet: emphasis added). 20. Pursuant to section 945.12, Florida Statutes (2013), prisoners who require… remainder of the prisoner’s sentence. § 945.12(1), Fla. Stat. (2013) (emphasis added).

Ago

Court: Fla. Att'y Gen. | Date Filed: 2007-05-02T00:53:00-07:00

Snippet: correctional officers. 5 See n. 3, supra. Compare s. 945.12(2), Fla. Stat. (1973), authorizing the Department

Therrien v. State

Court: Fla. | Date Filed: 2005-10-27T00:53:00-07:00

Citation: 914 So. 2d 942

Snippet: by a person under eighteen on a person under *945 twelve an FSPA-qualifying offense. See ch. 98-81, §

State v. Alexander

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-24T00:00:00-08:00

Citation: 591 So. 2d 1029, 1991 Fla. App. LEXIS 12733, 1991 WL 280822

Snippet: Fla. However, the legislature left intact section 945.12 which authorizes the Department of Corrections …of the repeal of section 917.012, under section 945.12, rehabilitative treatment during a prison term

Meagher v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1982-12-15T00:00:00-08:00

Citation: 424 So. 2d 872

Snippet: consideration to transfer to hospital facility under F.S. 945.12. . , There is a chronological footnote that bears

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-02-11T23:53:00-08:00

Snippet: institutions for specialized medical treatment (s.945.12, F.S.), including childbirth in the case of a woman

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-06-25T00:53:00-07:00

Snippet: the custody and control of the agency. Section 945.12(1), F.S., specifically provides that "[t]he