Fla. Admin. Code Ann. R. 33-601.236 - Basic Training Program - Operation

(1) The basic training program will be inclusive of the phases listed below:

(a) Phase I - Will consist of an intensified military regimen for a minimum of 60 days of active participation.

(b) Phase II - Will consist of educational programming and personal development training provided within a quasi-military environment for a period not to exceed the length of sentence imposed by the sentencing court. Inmates will be required to participate successfully in Phase II of the Basic Training Program for a minimum of 60 days. The length of time that an inmate may participate in Phases I and II combined shall be no less than 120 days. Each inmate will be required to participate in a satisfactory manner for a minimum of 120 days in order to successfully complete the basic training program.

(c) At the conclusion of Phase II, the offender shall be placed in a community residential facility or released to an alternative post-release program or plan in accordance with Sections 958.045(6)(a) and (b), F.S.

(2) Inmates who have satisfactorily completed the requirements of Phase I will proceed to Phase II of the basic training program. Those inmates who have not participated satisfactorily in Phase I shall be required to repeat those days for which an unsatisfactory report was issued.

(3) Inmates who have satisfactorily completed the requirements of the basic training program shall be released to a term of probation as specified and modified by the sentencing court.

(4) 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 the days for which an overall unsatisfactory report was received.

(a) Failure to receive a satisfactory evaluation during the extended period will result in the removal of the inmate from the program.

(b) In such cases, the inmate will be assigned to an appropriate facility to serve the duration of his or her sentence upon recommendation of the ICT and approval of the SCO.

(5) Request for Sentence Modification.

(a) Inmates who have satisfactorily completed the basic training program will be recommended for sentence modification. A male inmate who has successfully completed the basic training program and is awaiting release by the sentencing court or other releasing authority shall remain at Sumter Correctional Institution Basic Training Unit or at a youthful offender facility designated by the Reception and Youthful Offender Services Section pending release. If eligible, the inmate may be placed on community work release. A female inmate who has successfully completed the basic training program and is awaiting release by the sentencing court or other releasing authority shall remain at the basic training program at Lowell Correctional Institution or at a youthful offender facility designated by the Reception and Youthful Offender Services Section pending release. If eligible, the inmate may be placed on community work release.

(b) The inmate management plan team shall notify the Reception and Youthful Offender Services Section in the Bureau of Classification and Central Records when the inmate has successfully completed the basic training program. The inmate management plan team will recommend a modification of sentence to the court that will include release to community supervision or placement in a community residential facility as a condition of community supervision within 3 working days after the inmate's completion of the basic training program.

(c) The inmate management plan team shall determine which inmates are suitable for community release based upon the inmate's employment, residence, family circumstances, and probation or post-release supervision obligations while under community supervision, and submit the packet to the Bureau of Classification and Central Records, Reception and Youthful Offender Services. The inmate management plan team shall document the inmate transition plan on the database.

(d) The Bureau of Classification and Central Records Reception and Youthful Offender Services Office shall either approve the inmate management plan team's recommendation, disapprove the recommendation, or refer the matter back to the inmate management plan team for additional information.

(e) If approved by the Bureau of Classification and Central Records, the sentence modification package will be sent to the community corrections intake office within the circuit of the sentencing court within 3 working days from the receipt of an e-mail or telephone call from the inmate management plan team that the inmate has successfully completed the basic training program.

(f) The sentence modification packet shall include the following:

1. A cover letter indicating that the inmate has completed the basic training program;

2. A completed Order Modifying Sentence and Placing Defendant on Probation, Form DC3-234, hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02413. The effective date of this form is 6-13.

3. A completed Defendant's Waiver of Rights in Modification of Sentence and Placement on Probation, Form DC3-235, incorporated by reference in Rule 33-601.226, F.A.C.;

4. A report describing the inmate's performance, and

5. A recommendation for probation or community residential placement.

(g) The community corrections intake office shall submit the sentence modification packet to the court for approval or disapproval within 5 working days from receipt of the packet.

(h) The community corrections intake office shall ensure that Form DC3-234, Order Modifying Sentence and Placing Defendant on Probation, is received from the sentencing court and shall route the form to the Bureau of Sentence Structure and Transportation.

(i) The Bureau of Sentence Structure and Transportation shall notify the Release Services Unit and the Reception and Youthful Offender Services Section of the receipt of Form DC3-234, Order Modifying Sentencing and Placing Defendant on Probation.

(j) Upon receipt of the court's written action, the Bureau of Classification and Central Records shall review the sentence modification order and clear the inmate for release to community supervision.

(k) If Form DC3-234, Order Modifying Sentence and Placing Defendant on Probation, is denied by the sentencing court, the institutional classification team at the institution housing the inmate shall initiate a transfer recommendation to the state classification office for transfer of the inmate to a youthful offender institution or community release facility if eligible. The institutional classification team shall notify the inmate of the court's denial.

(l) If the sentence modification order for release of the inmate is not received within 21 days after the inmate completes the basic training program, the Reception and Youthful Offender Services Section shall notify by telephone the community corrections intake office which submitted the sentence modification packet to the court. The community corrections intake office staff shall contact the sentencing judge to determine the status of the request for sentence modification. Community Corrections Intake staff shall notify the Reception and Youthful Offender Services Section as to the status of the request for sentence modification. If the community corrections intake office staff member obtains the approved DC3-234, the staff member shall forward the DC3-234 to the Bureau of Sentence Structure and Transportation. The Bureau of Sentence Structure and Transportation shall make the necessary sentence structure adjustments and route the DC3-234 to the Release Services unit in the Bureau of Classification and Central Records. Release services staff shall review the sentence modification order and clear the inmate for release. If the sentencing court disapproves the sentencing modification, the Bureau of Sentence Structure and Transportation shall notify the institutional classification team at the institution housing the inmate and the steps in paragraph (5)(k) shall be followed.

(6) The basic training program consists of the following major components:

(a) Physical Training with Obstacle Course. This portion of the program consists of strenuous exercise designed to develop optimum physical conditioning of the inmate.

(b) Military Drill and Ceremony. This includes marching drills, compliance with a rigid code of dress and appearance, and the use of military courtesy in speech and actions.

(c) Work Assignments. This portion of the program consists of manual labor assignments which shall be of a productive nature whenever possible.

(d) Academic and Vocational Programming. Inmates will be required to participate in academic/vocational programming based on their assessed needs and program availability.

(e) Personal Development Counseling. This includes, but is not limited to, training in decision making and in the development of social adjustment skills.

(f) Pre-release Counseling. This portion of the program consists of instruction provided to inmates prior to release regarding adjustment to society outside the institution.

(g) Substance Abuse Program. This will include an individual assessment and counseling designed to provide instruction in understanding the addiction process and the use and abuse of drugs.

(h) General education development and adult basic education courses.

Notes

Fla. Admin. Code Ann. R. 33-601.236

Rulemaking Authority 20.315, 944.09, 958.045 FS. Law Implemented 20.315, 944.09, 958.045 FS.

New 2-26-89, Amended 1-25-96, Formerly 33-27.006, Amended 3-13-01, Formerly 33-506.206, Amended 1-17-02, 10-3-02, 10-10-04, 6-18-13.

New 2-26-89, Amended 1-25-96, Formerly 33-27.006, Amended 3-13-01, Formerly 33-506.206, Amended 1-17-02, 10-3-02, 10-10-04, 6-18-13.