Florida Statute 958.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 958
YOUTHFUL OFFENDERS

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F.S. 958.11

958.11 Designation of institutions and programs for youthful offenders; assignment from youthful offender institutions and programs.—

(1) The department shall by rule designate separate institutions and programs for youthful offenders and shall employ and utilize personnel specially qualified by training and experience to operate all such institutions and programs for youthful offenders. Youthful offenders who are at least 14 years of age but who have not yet reached the age of 18 years at the time of reception shall be separated from offenders who are 18 years of age or older.

(2) Youthful offender institutions and programs shall contain only those youthful offenders sentenced as such by a court or classified as such by the department, pursuant to the requirements of subsections (7) and (9), except that under special circumstances select adult offenders may be assigned to youthful offender institutions. All female youthful offenders may continue to be housed together at those institutions designated by department rule.

(3) The department may assign a youthful offender who is 18 years of age or older to a facility in the state correctional system which is not designated for the care, custody, control, and supervision of youthful offenders or an age group only in the following circumstances:

(a) If the youthful offender is convicted of a new crime that is a felony under the laws of this state.

(b) If the youthful offender becomes such a serious management or disciplinary problem resulting from serious violations of the rules of the department that his or her original assignment would be detrimental to the interests of the program and to other inmates committed thereto.

(c) If the youthful offender needs medical treatment, health services, or other specialized treatment otherwise not available at the youthful offender facility.

(d) If the department determines that the youthful offender should be transferred outside of the state correctional system, as provided by law, for services not provided by the department.

(e) If bed space is not available in a designated community residential facility, the department may assign a youthful offender to a community residential facility, provided that the youthful offender is separated from other offenders insofar as is practical.

(4) The department may assign a youthful offender whose age does not exceed 17 years to an adult facility for medical or mental health reasons, for protective management, or for close management. The youthful offender shall be separated from offenders who are 18 years of age or older.

(5) If the youthful offender was originally assigned to a facility designated for 14- to 17-year-old youthful offenders, but subsequently reaches the age of 18 years, the department may retain the youthful offender in a facility designated for 18- to 22-year-old youthful offenders if the department determines that it is in the best interest of the youthful offender and the department.

(6) If the youthful offender was originally assigned to a facility designated for 18- to 22-year-old youthful offenders, but subsequently reaches the age of 23 years, the department may retain the offender in the facility until the age of 25 if the department determines that it is in the best interest of the youthful offender and the department.

(7) The department 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(1)(a) and (c) whose age does not exceed 24 years and whose total length of sentence does not exceed 10 years, and the department may classify and assign as a youthful offender any inmate who meets the criteria of this subsection.

(8) The department shall coordinate all youthful offender assignments or transfers and shall review and maintain access to full and complete documentation and substantiation of all such assignments or transfers of youthful offenders to or from facilities in the state correctional system which are not designated for their care, custody, and control, except assignments or transfers made pursuant to paragraph (3)(c).

(9) The department may assign to a youthful offender facility any inmate, except a capital or life felon, whose age does not exceed 19 years but who does not otherwise meet the criteria of this section, if the department determines that such inmate’s mental or physical vulnerability would substantially or materially jeopardize his or her safety in a nonyouthful offender facility. Assignments made under this subsection shall be included in the department’s annual report.

History.—s. 11, ch. 78-84; s. 22, ch. 85-288; s. 104, ch. 94-209; s. 51, ch. 95-283; s. 39, ch. 96-312; s. 1882, ch. 97-102; s. 8, ch. 2008-250; s. 7, ch. 2017-31.

F.S. 958.11 on Google Scholar

F.S. 958.11 on Casetext

Amendments to 958.11

Arrestable Offenses / Crimes under Fla. Stat. 958.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 958.11.

Annotations, Discussions, Cases:

Cases Citing Statute 958.11

Total Results: 20

Robin Eustache v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-07-12

Citation: 248 So. 3d 1097

Snippet: of probation. Id. The Act, codified at sections 958.011 - 958.15, Florida Statutes (2005), provides an

CHRISTOPHER THOMAS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-06-13

Citation: 244 So. 3d 1131

Snippet: non-youthful offender prisoners.” Id. at 1025; § 958.11, Fla. Stat. (2010). Nevertheless, the defendant

Chauncey Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-06-30

Citation: 223 So. 3d 1106, 2017 WL 2821931, 2017 Fla. App. LEXIS 9508

Snippet: 49 So.3d 785, 787 n.2 (Fla. 4th DCA 2010); § 958.11, Fla. Stat. (2008)). The trial court erred

State of Florida v. Harry James Chubbuck

Court: Supreme Court of Florida | Date Filed: 2014-06-19

Citation: 141 So. 3d 1163, 39 Fla. L. Weekly Supp. 437, 2014 WL 2765926, 2014 Fla. LEXIS 1982

Snippet: separate statute, section 958.11(3)(c), Florida Statutes (2013). Section 958.11(3)(c) authorizes the DOC

Department of Corrections v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-02-08

Citation: 113 So. 3d 950, 2013 WL 461492, 2013 Fla. App. LEXIS 1933

Snippet: ORFINGER, C.J., PALMER and COHEN, JJ., concur. . §§ 958.011-. 15, Fla. Stat. (2011).

Long v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-10-26

Citation: 99 So. 3d 997, 2012 Fla. App. LEXIS 18756, 2012 WL 5272987

Snippet: 3d 785, 787 n. 2 (Fla. 4th DCA 2010); see also § 958.11, Fla. Stat. (2008). On remand, the trial court

Christian v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-04-05

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

Snippet: Classification within Department of Corrections. Section 958.11, Florida Statutes, requires the Department of Corrections

Blacker v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-10-20

Citation: 49 So. 3d 785, 2010 Fla. App. LEXIS 15807, 2010 WL 4103159

Snippet: imposed under the Florida Youthful Offender Act §§ 958.011-.15, Fla. Stat. (1997), is “[i]n lieu of other

Flores v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-10-06

Citation: 46 So. 3d 102, 2010 Fla. App. LEXIS 15024, 2010 WL 3893933

Snippet: *104 Florida's Youthful Offender Act, sections 958.011, .15, Fla. Stat. (2008), provides that "no youthful

State v. Dishman

Court: District Court of Appeal of Florida | Date Filed: 2009-03-18

Citation: 5 So. 3d 773, 2009 Fla. App. LEXIS 2215, 2009 WL 690823

Snippet: under the Florida Youthful Offender Act, section 958.011, et seq., Florida Statutes (2007). The trial court

State v. Strawser

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

Citation: 921 So. 2d 705, 2006 WL 437547

Snippet: under the Florida Youthful Offender Act, sections 958.011-958.15, Florida Statutes. Our review of a downward

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-02-04

Citation: 750 So. 2d 754, 2000 WL 125968

Snippet: such by the Department of Corrections pursuant to 958.11(4), Florida Statutes (1997). Section 958.045(2)

Riley v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-10-15

Citation: 743 So. 2d 148, 1999 Fla. App. LEXIS 13672, 1999 WL 821311

Snippet: appellant were unaware of the language in section 958.11(4), Florida Statutes (1997), which allows treatment

Hill v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-09-10

Citation: 698 So. 2d 931, 1997 WL 559415

Snippet: permitted by the Youthful Offender Act, sections 958.011-958.14, Florida Statutes (1993). STONE, C.J., and

Gardner v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-05-05

Citation: 656 So. 2d 933, 1995 WL 258911

Snippet: violate the Florida Youthful Offender Act, sections 958.011-.15, Florida Statutes (1987). Although the sentencing

Prince v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-08-24

Citation: 641 So. 2d 496, 1994 Fla. App. LEXIS 8367, 1994 WL 454877

Snippet: sentenced under the Youthful Offender Act, sections 958.-011-15, Florida Statutes (1993), were not excludable

Harvey v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-03-19

Citation: 616 So. 2d 521, 1993 WL 75801

Snippet: rather than at a youth camp or institution." Section 958.11(2) provides that "[y]outhful offender institutions

Kirkman v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-05-08

Citation: 598 So. 2d 232, 1992 Fla. App. LEXIS 4988, 1992 WL 92423

Snippet: pursuant to the Youthful Offender Act, section 958.011 et seq., Florida Statutes (1987). Under section

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-10-04

Citation: 586 So. 2d 1322, 1991 Fla. App. LEXIS 13953, 1991 WL 196294

Snippet: on certain statutory criteria. Florida Statute 958.-11(2), (4), (6). “Accordingly, it is clear to this

State v. Lezcano

Court: District Court of Appeal of Florida | Date Filed: 1991-10-01

Citation: 586 So. 2d 1287, 1991 Fla. App. LEXIS 9740, 1991 WL 193117

Snippet: youthful offenders, §§ 958.03(5), 958.04(1), 958.07, 958.11(2), 958.13, Fla.Stat. (1989), while the Department