Florida Regulations 33-601.234: Basic Training Program – Selection Process
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(1) In order to participate in the program, a youthful offender as defined by Florida Statutes Chapter 958, shall meet the following criteria:
(a) Was sentenced or classified as a youthful offender;
(b) If designated by the department as a youthful offender, must be eligible for control release pursuant to Florida Statutes § 947.146;
(c) Has no physical limitations that would preclude strenuous activity;
(d) Has no mental impairment;
(e) Has no prior incarceration in a state or federal correctional institution;
(f) Has no history of escape conviction from any jurisdiction;
(g) Is amenable to a regimented training program;
(h) Is classified as minimum or community custody; and
(i) Is amenable to the rehabilitative benefits of shock incarceration.
(2) The classification officer will screen the youthful offender during the reception process to determine if he or she meets the program eligibility criteria. If the inmate meets the criteria, the classification officer will notify the inmate and explain the requirements and benefits of successful participation and completion of the program. If the inmate does not meet the criteria, the inmate will be notified and the results will be recorded on the admission summary. The Reception and Youthful Offender Section in the Bureau of Classification and Central Records will be notified by the classification officer of any inmate who meets the criteria and is amenable to the program. Such staff shall either approve or deny the inmate’s participation in the program. The sentencing court shall be notified in writing by the Bureau of Classification and Central Records requesting approval for the inmate to participate in the program. If the inmate is classified by the department as a youthful offender, the prosecuting state attorney shall, at the same time, be notified that the inmate is being considered for placement in the basic training program. If the sentencing court disapproves the department’s recommendation for the offender’s placement in the basic training program, the offender shall be so notified and shall complete incarceration pursuant to the terms of the commitment order. If the sentencing court approves the department’s recommendation for the offender’s placement in the basic training program, the offender shall be notified of assignment to the basic training program. When the response is received from the sentencing court, the Reception and Youthful Offender Services Section in the Bureau of Classification and Central Records shall either schedule the inmate for transfer to the basic training program if the sentencing court has approved the placement, or note on the record that the sentencing court has denied the placement of the offender and notify the institutional classification team of the sentencing court’s decision. If the sentencing court disapproves the recommendation, the classification officer shall notify the inmate of the sentencing court’s decision and the inmate shall complete incarceration pursuant to the terms of the commitment order. If the sentencing court approves the recommendation, the classification officer will notify the inmate of assignment to the basic training program. The department shall contact the sentencing court within 21 days after receipt of the department’s request to determine the status of the request for approval to participate in the basic training program. The inmate will be placed in the program after the sentencing court approves his or her placement for participation.
(3) Program Assessment. Each inmate shall be required to participate in a satisfactory manner for a minimum of 120 days in order to successfully complete the program. The IMPT shall continually assess the inmate’s participation in the program and recommend that the inmate continue in the program for a specific number of days in order to repeat those days for which an overall unsatisfactory report was received. Failure to receive a satisfactory evaluation during the extended period will result in the removal of the inmate from the program pursuant to Fl. Admin. Code R. 33-601.242 In such cases, the inmate shall be assigned to an appropriate facility to serve the duration of his or her sentence. Inmates who have successfully participated for the required time period, but who are awaiting release by the sentencing court or other releasing authority shall remain subject to the rules of the department and the basic training program. Failure to adhere to these rules may be grounds for removal from the program pursuant to Fl. Admin. Code R. 33-601.242 Documentation of successful program completion, recommendations for extension, or removal from the program shall be completed by the IMPT and provided to the program director.
Rulemaking Authority 958.045 FS. Law Implemented 946.40, 958.04, 958.045 FS. History-New 2-26-89, Amended 11-2-90, 1-25-96, 10-23-97, Formerly 33-27.004, Amended 3-13-01, Formerly 33-506.204, Amended 1-17-02, 1-9-03, 10-10-04.
Terms Used In Florida Regulations 33-601.234
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) If designated by the department as a youthful offender, must be eligible for control release pursuant to Florida Statutes § 947.146;
(c) Has no physical limitations that would preclude strenuous activity;
(d) Has no mental impairment;
(e) Has no prior incarceration in a state or federal correctional institution;
(f) Has no history of escape conviction from any jurisdiction;
(g) Is amenable to a regimented training program;
(h) Is classified as minimum or community custody; and
(i) Is amenable to the rehabilitative benefits of shock incarceration.
(2) The classification officer will screen the youthful offender during the reception process to determine if he or she meets the program eligibility criteria. If the inmate meets the criteria, the classification officer will notify the inmate and explain the requirements and benefits of successful participation and completion of the program. If the inmate does not meet the criteria, the inmate will be notified and the results will be recorded on the admission summary. The Reception and Youthful Offender Section in the Bureau of Classification and Central Records will be notified by the classification officer of any inmate who meets the criteria and is amenable to the program. Such staff shall either approve or deny the inmate’s participation in the program. The sentencing court shall be notified in writing by the Bureau of Classification and Central Records requesting approval for the inmate to participate in the program. If the inmate is classified by the department as a youthful offender, the prosecuting state attorney shall, at the same time, be notified that the inmate is being considered for placement in the basic training program. If the sentencing court disapproves the department’s recommendation for the offender’s placement in the basic training program, the offender shall be so notified and shall complete incarceration pursuant to the terms of the commitment order. If the sentencing court approves the department’s recommendation for the offender’s placement in the basic training program, the offender shall be notified of assignment to the basic training program. When the response is received from the sentencing court, the Reception and Youthful Offender Services Section in the Bureau of Classification and Central Records shall either schedule the inmate for transfer to the basic training program if the sentencing court has approved the placement, or note on the record that the sentencing court has denied the placement of the offender and notify the institutional classification team of the sentencing court’s decision. If the sentencing court disapproves the recommendation, the classification officer shall notify the inmate of the sentencing court’s decision and the inmate shall complete incarceration pursuant to the terms of the commitment order. If the sentencing court approves the recommendation, the classification officer will notify the inmate of assignment to the basic training program. The department shall contact the sentencing court within 21 days after receipt of the department’s request to determine the status of the request for approval to participate in the basic training program. The inmate will be placed in the program after the sentencing court approves his or her placement for participation.
(3) Program Assessment. Each inmate shall be required to participate in a satisfactory manner for a minimum of 120 days in order to successfully complete the program. The IMPT shall continually assess the inmate’s participation in the program and recommend that the inmate continue in the program for a specific number of days in order to repeat those days for which an overall unsatisfactory report was received. Failure to receive a satisfactory evaluation during the extended period will result in the removal of the inmate from the program pursuant to Fl. Admin. Code R. 33-601.242 In such cases, the inmate shall be assigned to an appropriate facility to serve the duration of his or her sentence. Inmates who have successfully participated for the required time period, but who are awaiting release by the sentencing court or other releasing authority shall remain subject to the rules of the department and the basic training program. Failure to adhere to these rules may be grounds for removal from the program pursuant to Fl. Admin. Code R. 33-601.242 Documentation of successful program completion, recommendations for extension, or removal from the program shall be completed by the IMPT and provided to the program director.
Rulemaking Authority 958.045 FS. Law Implemented 946.40, 958.04, 958.045 FS. History-New 2-26-89, Amended 11-2-90, 1-25-96, 10-23-97, Formerly 33-27.004, Amended 3-13-01, Formerly 33-506.204, Amended 1-17-02, 1-9-03, 10-10-04.