Florida Statute 958.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 958.045

Total Results: 20

TAVARIS DANIEL v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-23T00:53:00-07:00

Snippet: case is governed by the 2003 version of section 958.045, Florida Statutes. The courts interpreted versions

Otis D. Blaxton v. State of Florida – revised opinion

Court: Fla. | Date Filed: 2016-03-31T00:53:00-07:00

Snippet: District later found impermissible under sections 958.045(5)(c) and 958.04(2)(b), Florida Statutes

Blaxton v. State

Court: Fla. | Date Filed: 2016-01-21T00:00:00-08:00

Citation: 187 So. 3d 216, 2016 WL 264508

Snippet: District later found impermissible under sections 958.045(5)(c) and 958.04(2)(b), Florida Statutes (1997)

Blaxton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-09T00:00:00-07:00

Citation: 179 So. 3d 358, 2015 Fla. App. LEXIS 15032, 2015 WL 5916841

Snippet: originally imposed as a condition of probation.” § 958.045(5)(c), Fla. Stat. (1997). While section 958.04(

Donaldson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-03T00:00:00-07:00

Citation: 146 So. 3d 1221, 2014 Fla. App. LEXIS 13727, 2014 WL 4343508

Snippet: SLEET, JJ., Concur. 1 . Section 958.045 has since been amended to remove this limitation

Davis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-26T00:00:00-07:00

Citation: 117 So. 3d 815, 2013 WL 3197131, 2013 Fla. App. LEXIS 10074

Snippet: violation of probation (VOP) were illegal pursuant to 958.045(5)(e), Florida Statutes (2004), because, upon VOP…for placement on probation pursuant to section 958.045(5)(c) [which concerns the department’s basic training…the 2004 version of sections 958.04(2)(b)1 and 958.045(5)(c),2 Florida Statutes, if a youthful offender…exceed 364 days. Effective July 1, 2006, section 958.045(5)(c) now provides that a youthful offender who… (2004) version of sections 958.04(2)(b) & 958.045(5)(c), Florida Statutes, and nothing else attached

Tobler v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-21T00:00:00-07:00

Citation: 115 So. 3d 1090, 2013 WL 3100530, 2013 Fla. App. LEXIS 9799

Snippet: prior to the July 1, 2006 amendment to section 958.045(5)(c), Florida Statutes, as a youthful offender

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-23T00:00:00-08:00

Citation: 125 So. 3d 190, 2013 WL 238159, 2013 Fla. App. LEXIS 932

Snippet: PER CURIAM. Affirmed. See § 958.045(5)(c), Fla. Stat. (2006); Ch. 2006-270, § 1, at 2841-42,

Negron v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-22T00:00:00-07:00

Citation: 90 So. 3d 948, 2012 WL 2359867, 2012 Fla. App. LEXIS 10099

Snippet: sentencing on a violation of probation under section 958.045, Florida Statutes. In April 2008, Negron pled guilty…months. Negron argues that, pursuant to section 958.045(5)(c), Florida Statutes (2005), the trial court…argument has merit. Prior to July 1, 2006, section 958.045(5)(c) provided that where a defendant sentenced…days in jail.”). Effective July 1, 2006, section 958.045(5)(c) was amended to permit a trial court, upon

Lamore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-20T00:00:00-07:00

Citation: 86 So. 3d 546, 2012 WL 1366725, 2012 Fla. App. LEXIS 6176

Snippet: offender in boot camp as provided for by section 958.045, Florida Statutes (2005). The trial court approved…originally imposed as a condition of probation.” § 958.045(5)(c), Fla. Stat. (2005) (emphasis added). He further…days.” Recognizing that an amendment to section 958.045(5)(c), effective July 1, 2006, authorized a court…following ambiguous statement: We note that section 958.045(5)(c), Florida Statutes, was amended effective …governed by the pre-July 1, 2006, version of section 958.045(5)(c). Specifically, “[u]n-der the youthful offender

Christian v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-05T00:00:00-07:00

Citation: 84 So. 3d 437, 2012 WL 1121748, 2012 Fla. App. LEXIS 5291

Snippet: training” program for youthful offenders, see § 958.045, Florida Statutes (2011), and authorizes courts

Miller v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-20T00:00:00-08:00

Citation: 77 So. 3d 888, 2012 Fla. App. LEXIS 688, 2012 WL 163919

Snippet: time Mr. Miller committed his offenses. Compare § 958.045(5)(c), Fla. Stat. (2007) (authorizing the court… run by the Department of Corrections), with § 958.045(5)(c), Fla. Stat. (2004, 2005) (authorizing the… (commonly referred to as “boot camp”).3 See § 958.045(5)(c), Fla. Stat. (2004, 2005). This determination…county-operated boot camp would not be entitled to section 958.045(5)(c) sentencing because “no provisions in the … incarceration in specified facilities. See §§ 958.045(5)(e), 958.04(2)(b), Fla. Stat. (2004, 2005); Cutler

Love v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-23T00:00:00-08:00

Citation: 24 So. 3d 704, 2009 Fla. App. LEXIS 20024, 2009 WL 4928052

Snippet: exposure pursuant to sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes (2004), unlike a youthful…Effective July 1, 2006 the legislature amended section 958.045(5)(c), which no longer limits to 364 days the period

Davis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-28T00:00:00-07:00

Citation: 16 So. 3d 995, 2009 Fla. App. LEXIS 12662

Snippet: days in jail under the 2004 version of section 958.045(5)(c), which was in effect when he was originally…that he met the requirements set forth in section 958.045.[1] He also asserted that he did not qualify for…ruled that the sentences were legal under section 958.045(5)(c), as amended in 2006. This legal ruling was… DCA 2008) (applying 2006 amendment of section 958.045(5)(c), Florida Statutes, to youthful offender originally…resentencing under the pre-amendment version of section 958.045(5)(c). However, if Appellant did not successfully

Colbert v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-05T00:00:00-07:00

Citation: 15 So. 3d 898, 2009 Fla. App. LEXIS 10735, 2009 WL 2382413

Snippet: sentencing authority was not limited by section 958.045(5)(c). See Lee v. State, 884 So.2d 460, 461-62 …sentencing authority was not limited by section 958.045(5)(c)). With respect to his claim that most of

Davis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-17T00:00:00-07:00

Citation: 15 So. 3d 770, 2009 Fla. App. LEXIS 9786, 2009 WL 2059386

Snippet: completion of youthful offender boot camp, see § 958.045(5)(c), the relevant documents would refute Davis

Morrison v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-16T00:53:00-07:00

Citation: 978 So. 2d 284

Snippet: argues that, pursuant to sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes (2004), the court was limited…does not exceed 364 days. See §§ 958.04(2)(b), 958.045(5)(c), Fla. Stat. (2004). The trial court summarily…court correctly applied an amendment to section 958.045, which became effective on July 1, 2006. That section

Tapia v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-16T00:00:00-08:00

Citation: 969 So. 2d 1146, 2007 Fla. App. LEXIS 18702, 2007 WL 3408310

Snippet: originally imposed as a condition of probation. See § 958.045(5)(c), Fla. Stat. (2002); Blaxton. Reversed and

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-14T00:00:00-08:00

Citation: 968 So. 2d 675

Snippet: 1st DCA 2004). (Effective July 1, 2006, section 958.045(5)(c) now provides that a youthful offender who

Foxworth v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-29T00:00:00-07:00

Citation: 961 So. 2d 990, 2007 Fla. App. LEXIS 10046, 2007 WL 1851446

Snippet: control. The state concedes error. We agree. See §§ 958.045(5)(c) & 958.04(2)(b), Fla. Stat. (2001); Thomas