The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 958
YOUTHFUL OFFENDERS

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F.S. 958.045

958.045 Youthful offender basic training program.—

(1) The department shall develop and implement a basic training program for youthful offenders sentenced or classified by the department as youthful offenders pursuant to this chapter. The period of time to be served at the basic training program shall be no less than 120 days.

(a) The program shall include marching drills, calisthenics, a rigid dress code, manual labor assignments, physical training with obstacle courses, training in decisionmaking and personal development, high school equivalency diploma and adult basic education courses, and drug counseling and other rehabilitation programs.

(b) The department shall adopt rules governing the administration of the youthful offender basic training program, requiring that basic training participants complete a structured disciplinary program, and allowing for a restriction on general inmate population privileges.

(2) Upon receipt of youthful offenders, the department shall screen offenders for the basic training program. To participate, an offender must have no physical limitations that preclude participation in strenuous activity, must not be impaired, and must not have been previously incarcerated in a state or federal correctional facility. In screening offenders for the basic training program, the department shall consider the offender’s criminal history and the possible rehabilitative benefits of “shock” incarceration. If an offender meets the specified criteria and space is available, the department shall request, in writing from the sentencing court, approval for the offender to participate in the basic training program. If the person is classified by the department as a youthful offender and the department is requesting approval from the sentencing court for placement in the program, the department shall, at the same time, notify the state attorney that the offender is being considered for placement in the basic training program. The notice must explain that the purpose of such placement is diversion from lengthy incarceration when a short “shock” incarceration could produce the same deterrent effect, and that the state attorney may, within 14 days after the mailing of the notice, notify the sentencing court in writing of objections, if any, to the placement of the offender in the basic training program. The sentencing court shall notify the department in writing of placement approval no later than 21 days after receipt of the department’s request for placement of the youthful offender in the basic training program. Failure to notify the department within 21 days shall be considered an approval by the sentencing court for placing the youthful offender in the basic training program. Each state attorney may develop procedures for notifying the victim that the offender is being considered for placement in the basic training program.

(3) The program shall provide a short incarceration period of rigorous training to offenders who require a greater degree of supervision than community control or probation provides. Basic training programs may be operated in secure areas in or adjacent to an adult institution notwithstanding s. 958.11. The program is not intended to divert offenders away from probation or community control but to divert them from long periods of incarceration when a short “shock” incarceration could produce the same deterrent effect.

(4) Upon admittance to the department, an educational and substance abuse assessment shall be performed on each youthful offender. Upon admittance to the basic training program, each offender shall have a full substance abuse assessment to determine the offender’s need for substance abuse treatment. The educational assessment shall be accomplished through the aid of the Test of Adult Basic Education or any other testing instrument approved by the Department of Education, as appropriate. Each offender who has not obtained a high school diploma shall be enrolled in an adult education program designed to aid the offender in improving his or her academic skills and earning a high school diploma. Further assessments of the prior vocational skills and future career education shall be provided to the offender. A periodic evaluation shall be made to assess the progress of each offender, and upon completion of the basic training program the assessment and information from the department’s record of each offender shall be transferred to the appropriate community residential program.

(5)(a) If an offender in the basic training program becomes unmanageable, the department may revoke the offender’s gain-time and place the offender in disciplinary confinement for up to 30 days. Upon completion of the disciplinary process, the offender shall be readmitted to the basic training program, except for an offender who has committed or threatened to commit a violent act. If the offender is terminated from the program, the department may place the offender in the general population to complete the remainder of the offender’s sentence. Any period of time in which the offender is unable to participate in the basic training activities may be excluded from the specified time requirements in the program.

(b) If the offender is unable to participate in the basic training activities due to medical reasons, certified medical personnel shall examine the offender and shall consult with the basic training program director concerning the offender’s termination from the program.

(c) The portion of the sentence served before placement in the basic training program may not be counted toward program completion. The department shall submit a report to the court at least 30 days before the youthful offender is scheduled to complete the basic training program. The report must describe the offender’s performance in the basic training program. If the youthful offender’s performance is satisfactory, the court shall issue an order modifying the sentence imposed and place the offender on probation subject to the offender successfully completing the remainder of the basic training program. The term of probation may include placement in a community residential program. If the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed.

(6)(a) Upon completing the basic training program, an offender shall be transferred to a community residential program and reside there for a term designated by department rule. If the basic training program director determines that the offender is not suitable for the community residential program but is suitable for an alternative postrelease program or release plan, within 30 days prior to program completion the department shall evaluate the offender’s needs and determine an alternative postrelease program or plan. The department’s consideration shall include, but not be limited to, the offender’s employment, residence, family situation, and probation or postrelease supervision obligations. Upon the approval of the department, the offender shall be released to an alternative postrelease program or plan.

(b) While in the community residential program, as appropriate, the offender shall engage in gainful employment, and if any, shall pay restitution to the victim. If appropriate, the offender may enroll in substance abuse counseling, and if suitable, shall enroll in a high school equivalency diploma or adult basic education class for the purpose of attaining a high school diploma. Upon release from the community residential program, the offender shall remain on probation, or other postrelease supervision, and abide by the conditions of the offender’s probation or postrelease supervision. If, upon transfer from the community residential program, the offender has not completed the enrolled educational program, the offender shall continue the educational program until completed. If the offender fails to complete the program, the department may request the court or the control release authority to execute an order returning the offender back to the community residential program until completion of the program.

(7) The department shall implement the basic training program to the fullest extent feasible within the provisions of this section.

(8)(a) The Assistant Secretary for Youthful Offenders shall continuously screen all institutions, facilities, and programs for any inmate who meets the eligibility requirements for youthful offender designation specified in s. 958.04, whose age does not exceed 24 years. The department may classify and assign as a youthful offender any inmate who meets the criteria of s. 958.04.

(b) A youthful offender who is designated as such by the department and assigned to the basic training program must be eligible for control release pursuant to s. 947.146.

(c) The department shall work cooperatively with the Control Release Authority or the Florida Commission on Offender Review to effect the release of an offender who has successfully completed the requirements of the basic training program.

(d) Upon an offender’s completion of the basic training program, the department shall submit a report to the releasing authority that describes the offender’s performance. If the performance has been satisfactory, the release authority shall establish a release date that is within 30 days following program completion. As a condition of release, the offender shall be placed in a community residential program as provided in this section or on community supervision as provided in chapter 947, and shall be subject to the conditions established therefor.

(9) Due to serious and violent crime, the Legislature declares the construction of a basic training facility is necessary to aid in alleviating an emergency situation.

(10) The department shall provide a special training program for staff selected for the basic training program.

(11) The department may develop performance-based contracts with qualified individuals, agencies, or corporations for the provision of any or all of the youthful offender programs.

(12) An offender in the basic training program is subject to rules of conduct established by the department and may have sanctions imposed, including loss of privileges, restrictions, disciplinary confinement, alteration of release plans, or other program modifications in keeping with the nature and gravity of the program violation. Administrative or protective confinement, as necessary, may be imposed.

(13) The department may establish a system of incentives within the basic training program which the department may use to promote participation in rehabilitative programs and the orderly operation of institutions and facilities.

(14) The department shall develop a system for tracking recidivism, including, but not limited to, rearrests and recommitment of youthful offenders, and shall report on that system in its annual reports of the programs.

History.—s. 99, ch. 94-209; s. 1703, ch. 97-102; s. 153, ch. 2005-2; s. 1, ch. 2006-270; s. 14, ch. 2009-63; s. 165, ch. 2010-102; s. 13, ch. 2014-20; s. 55, ch. 2014-191; s. 146, ch. 2019-167.

F.S. 958.045 on Google Scholar

F.S. 958.045 on Casetext

Amendments to 958.045

Arrestable Offenses / Crimes under Fla. Stat. 958.045

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 958.045.

Annotations, Discussions, Cases:

Cases from cite.case.law:

D. BLAXTON, v. STATE, 187 So. 3d 216 (Fla. 2016)

. . . there for violating a probation term that the Second District later found impermissible under sections 958.045 . . .

BLAXTON, v. STATE, 179 So. 3d 358 (Fla. Dist. Ct. App. 2015)

. . . .” § 958.045(5)(c), Fla. Stat. (1997). . . .

R. DONALDSON, v. STATE, 146 So. 3d 1221 (Fla. Dist. Ct. App. 2014)

. . . Section 958.045 has since been amended to remove this limitation on sentencing. . . .

DAVIS, v. STATE, 117 So. 3d 815 (Fla. Dist. Ct. App. 2013)

. . . motion, Defendant argued his sentences imposed on violation of probation (VOP) were illegal pursuant to 958.045 . . . met the requirements for modification of sentence and for placement on probation pursuant to section 958.045 . . . Pursuant to the 2004 version of sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes, if a youthful . . . Effective July 1, 2006, section 958.045(5)(c) now provides that a youthful offender who violates probation . . . Section 958.045 concerns the department's basic training program for youthful offenders, known as "boot . . .

TOBLER, v. STATE, 115 So. 3d 1090 (Fla. Dist. Ct. App. 2013)

. . . Because Tobler committed the offenses prior to the July 1, 2006 amendment to section 958.045(5)(c), Florida . . .

D SMITH, v. STATE, 125 So. 3d 190 (Fla. Dist. Ct. App. 2013)

. . . See § 958.045(5)(c), Fla. Stat. (2006); Ch. 2006-270, § 1, at 2841-42, Laws of Fla. . . .

B. NEGRON, v. STATE, 90 So. 3d 948 (Fla. Dist. Ct. App. 2012)

. . . to use in determining the applicable law when sentencing on a violation of probation under section 958.045 . . . Negron argues that, pursuant to section 958.045(5)(c), Florida Statutes (2005), the trial court could . . . Prior to July 1, 2006, section 958.045(5)(c) provided that where a defendant sentenced as a youthful . . . Effective July 1, 2006, section 958.045(5)(c) was amended to permit a trial court, upon finding that . . .

D. LAMORE, v. STATE, 86 So. 3d 546 (Fla. Dist. Ct. App. 2012)

. . . recommended that Lamore serve his sentence as a youthful offender in boot camp as provided for by section 958.045 . . . probation — to imposing “any sentence that it might have originally imposed as a condition of probation.” § 958.045 . . . Recognizing that an amendment to section 958.045(5)(c), effective July 1, 2006, authorized a court to . . . successful completion of boot camp, the court made the following ambiguous statement: We note that section 958.045 . . . occurring between December 2004 and July 2005-are governed by the pre-July 1, 2006, version of section 958.045 . . .

CHRISTIAN, Jr. v. STATE, 84 So. 3d 437 (Fla. Dist. Ct. App. 2012)

. . . Act also requires the Department to operate a "basic training” program for youthful offenders, see § 958.045 . . .

MILLER, v. STATE, 77 So. 3d 888 (Fla. Dist. Ct. App. 2012)

. . . Compare § 958.045(5)(c), Fla. . . . s satisfactory completion of a basic training program run by the Department of Corrections), with § 958.045 . . . See § 958.045(5)(c), Fla. Stat. (2004, 2005). This determination was critical to Mr. . . . providing that an offender who completes a county-operated boot camp would not be entitled to section 958.045 . . . See §§ 958.045(5)(e), 958.04(2)(b), Fla. . . .

LOVE, v. STATE, 24 So. 3d 704 (Fla. Dist. Ct. App. 2009)

. . . completes county boot camp is not limited in his sentencing exposure pursuant to sections 958.04(2)(b) and 958.045 . . . Effective July 1, 2006 the legislature amended section 958.045(5)(c), which no longer limits to 364 days . . .

V. DAVIS, Jr. v. STATE, 16 So. 3d 995 (Fla. Dist. Ct. App. 2009)

. . . incarceration, he could be sentenced to no longer than 364 days in jail under the 2004 version of section 958.045 . . . In his motion, Appellant specifically alleged that he met the requirements set forth in section 958.045 . . . that he was illegally sentenced, the trial court ruled that the sentences were legal under section 958.045 . . . State, 978 So.2d 284, 285 (Fla. 4th DCA 2008) (applying 2006 amendment of section 958.045(5)(c), Florida . . . were illegal, and he would be entitled to resen-tencing under the pre-amendment version of section 958.045 . . .

COLBERT, v. STATE, 15 So. 3d 898 (Fla. Dist. Ct. App. 2009)

. . . the Department of Corrections, the circuit court's sentencing authority was not limited by section 958.045 . . . Florida Department of Corrections, the trial court’s sentencing authority was not limited by section 958.045 . . .

DAVIS, v. STATE, 15 So. 3d 770 (Fla. Dist. Ct. App. 2009)

. . . as a result of something other than the successful completion of youthful offender boot camp, see § 958.045 . . .

MORRISON, v. STATE, 978 So. 2d 284 (Fla. Dist. Ct. App. 2008)

. . . He argues that, pursuant to sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes (2004), the court . . . See §§ 958.04(2)(b), 958.045(5)(c), Fla. Stat. (2004). . . . The State argues that the trial court correctly applied an amendment to section 958.045, which became . . .

TAPIA, v. STATE, 969 So. 2d 1146 (Fla. Dist. Ct. App. 2007)

. . . See § 958.045(5)(c), Fla. Stat. (2002); Blaxton. Reversed and remanded. . . .

SMITH, v. STATE, 968 So. 2d 675 (Fla. Dist. Ct. App. 2007)

. . . (Effective July 1, 2006, section 958.045(5)(c) now provides that a youthful offender who violates probation . . .

FOXWORTH, v. STATE, 961 So. 2d 990 (Fla. Dist. Ct. App. 2007)

. . . See §§ 958.045(5)(c) & 958.04(2)(b), Fla. Stat. (2001); Thomas v. . . .

B. ADDERLY, v. STATE, 958 So. 2d 997 (Fla. Dist. Ct. App. 2007)

. . . Adderly seeks relief from an order denying his motion for resentencing filed pursuant to section 958.045 . . . Adderly has successfully completed the Department of Correction’s, (“DOC”), “boot camp” program, section 958.045 . . . writ, and remand with instructions that the trial court resentence Adderly in accordance with section 958.045 . . . 9, 2007, Adderly filed a motion for resentencing, seeking release to probation pursuant to section 958.045 . . . We note that section 958.045(5)(c), Florida Statutes, was amended effective July 1, 2006, and now provides . . .

M. PORTER, v. STATE, 940 So. 2d 579 (Fla. Dist. Ct. App. 2006)

. . . . § 958.045(5)(c), Fla. Stat. (2001). . . .

EASON, v. STATE, 932 So. 2d 465 (Fla. Dist. Ct. App. 2006)

. . . probation the court was required to sentence him to no more than 364 days in prison under sections 958.045 . . . This Court ruled that the specific provisions of sections 958.045(5)(c) and 958.04(2)(b) su-perceded . . .

CUTLER, v. STATE, 927 So. 2d 249 (Fla. Dist. Ct. App. 2006)

. . . camp and his sentences were modified to five years’ youthful offender probation pursuant to section 958.045 . . . motion, Cutler alleged that because he successfully completed boot camp, sections 958.04(2)(b) and 958.045 . . . State, 899 So.2d 432 (Fla. 3d DCA 2005) (holding sections 958.04(2)(b) and 958.045(5)(c) do not apply . . . State, 871 So.2d 1003, 1004 (Fla. 1st DCA 2004), which held that section 958.045(5)(c) rather than section . . . "Boot camp” refers to the youthful offender basic training program per section 958.045, Florida Statutes . . .

G. GREEN, v. STATE, 902 So. 2d 898 (Fla. Dist. Ct. App. 2005)

. . . camp, has successfully completed boot camp, and has been resentenced to probation pursuant to section 958.045 . . .

HOLMES, v. STATE, 899 So. 2d 432 (Fla. Dist. Ct. App. 2005)

. . . Section 958.045, which details the State’s youthful offender basic training program, provides, in pertinent . . . Section 958.045(5)(c), Florida Statutes (2002)(emphasis added). . . . Reading sections 958.04(2)(b) and 958.045(5)(c) together, courts have consistently construed them as . . . offenders in county-operated boot camp programs, it “contains no specific provision comparable to section 958.045 . . . limitation would have been included in section 958.04, Florida Statutes (2002), rather than section 958.045 . . .

THOMAS, v. STATE, 888 So. 2d 146 (Fla. Dist. Ct. App. 2004)

. . . . § 958.045(2), Fla. Stat. (2003). . . .

FETTLER, v. STATE, 885 So. 2d 411 (Fla. Dist. Ct. App. 2004)

. . . governing youthful offenders and the youthful offenders basic training program, sections 958.04 and 958.045 . . . State, 871 So.2d 1003, 1004 (Fla. 1st DCA 2004) (citing §§ 958.04(2)(b), 958.045(5)(c), Florida Statutes . . .

LEE, v. STATE, 884 So. 2d 460 (Fla. Dist. Ct. App. 2004)

. . . For support, he cites to sections 958.04 and 958.045, Florida Statutes (2002), and cases construing those . . . not committed to the boot camp program operated by the Department of Corrections pursuant to section 958.045 . . . Section 958.045 governs the department’s youthful offender basic training program, commonly referred . . . Moreover, the statute contains no specific provision comparable to section 958.045(5)(c) limiting sentences . . .

McDOUGLE, v. STATE, 882 So. 2d 1104 (Fla. Dist. Ct. App. 2004)

. . . Although appellant’s motion was based upon the court’s failure to sentence him in accordance with section-958.045 . . .

MIMS, v. STATE, 871 So. 2d 1003 (Fla. Dist. Ct. App. 2004)

. . . successfully completed the program, DOC filed a motion to modify the appellant’s sentence pursuant to section 958.045 . . . probation, he could not be sentenced to a term of incarceration exceeding 364 days pursuant to sections 958.045 . . . (2)(b) and 958.045(5)(c), Florida Statutes (1999). . . . boot camp, and therefore, upon his resentencing for violation of probation, he was subject to section 958.045 . . .

BLAXTON, v. STATE, 868 So. 2d 620 (Fla. Dist. Ct. App. 2004)

. . . Because this sentence is not permitted under sections 958.045(5)(c) and 958.04(2)(b), Florida Statutes . . . Section 958.045 outlines the parameters for the youthful offender boot camp program. . . . As interpreted in Bloodworth, pursuant to section 958.045(5)(e), the court may “impose any sentence that . . . The language of section 958.045(5)(c) may warrant further review by the legislature. . . .

MASON, v. STATE, 864 So. 2d 1225 (Fla. Dist. Ct. App. 2004)

. . . Appellant’s sentence is illegal because it exceeds the statutory limitations set forth by sections 958.045 . . . Section 958.045(5)(c) states that a youthful offender who successfully completes boot camp, is placed . . . sentence for the underlying offense are superceded by the more specific provisions set forth in sections 958.045 . . .

UNITED STATES v. RAMIREZ,, 347 F.3d 792 (9th Cir. 2003)

. . . . § 958.045(3) (West 2003) (establishing short “shock incarceration” in Youthful offender basic training . . .

J. THOMAS, v. STATE, 825 So. 2d 1032 (Fla. Dist. Ct. App. 2002)

. . . See § 958.045, Fla. Stat. (1995); see also Stephen A. . . . See § 958.045(5)(c), Fla. Stat. (1995). . . . Department of Corrections, received trial court approval to attend boot camp as required by section 958.045 . . . of boot camp, the trial court refused to reduce his sentence to probation in accordance with section 958.045 . . . camp, has successfully completed boot camp, and has been resentenced to probation pursuant to section 958.045 . . .

BURKETT, v. STATE, 816 So. 2d 767 (Fla. Dist. Ct. App. 2002)

. . . alleged that his sentence following violation of probation was illegal under sections 958.04(2)(b) and 958.045 . . .

SADA, v. STATE, 807 So. 2d 146 (Fla. Dist. Ct. App. 2002)

. . . Levenson to place him on probation in compliance with section 958.045, Florida Statutes (1997). . . . Sada is a Department of Corrections-classified Youthful Offender as contemplated by section 958.045, . . . Notice was given to the state attorney as required by section 958.045(2). . . . The trial court has the clear legal duty to comply with section 958.045(5)(c), Florida Statutes (1997 . . . Section 958.045(l)(a), Fla. Stat. (1997). . . .

GERI, v. STATE, 797 So. 2d 605 (Fla. Dist. Ct. App. 2001)

. . . his sentences were modified on November 9, 1999, and he was placed on probation pursuant to section 958.045 . . . the trial court could only sentence him to 364 days, which is the upper limit set forth in section 958.045 . . .

C. CLUCK, v. STATE, 787 So. 2d 262 (Fla. Dist. Ct. App. 2001)

. . . In conjunction with that repeal, the legislature added section 958.045, Florida Statutes. . . . It appears that section 958.045(5)(c) limits sentences imposed in cases such as the present to no more . . . original offenses in January 1995 prior to the effective date of this repeal and the addition of section 958.045 . . .

BLOODWORTH, v. STATE, 769 So. 2d 1117 (Fla. Dist. Ct. App. 2000)

. . . His sentence was modified to 4 years’ probation pursuant to section 958.045(5)(c), Florida Statutes ( . . . Section 958.045(5)(c) of the youthful offender statute specifically provides that “[i]f the offender . . . statute does, to “any sentence that it might have originally imposed as a condition of probation.” § 958.045 . . . The reason for this change in section 958.045(5)(e) is unknown to us, and our review of the legislative . . . The 1999 version of the statute is identical to the 1997 version in this respect. § 958.045(5)(c), Fla . . .

SMITH, v. STATE, 750 So. 2d 754 (Fla. Dist. Ct. App. 2000)

. . . suitable for the agency’s “basic training program” or “ ‘shock’ incarceration” as described in section 958.045 . . . In accordance with section 958.045(2), Florida Statutes, the sentencing judge gave written approval for . . . program and requested that his sentence be modified to a term of probation as called for by section 958.045 . . . Section 958.045(2), Florida Statutes, provides: If an offender meets the specified criteria and space . . .