CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1997 WL 34653
...ion to grant credit for such home confinement and routinely do so. He is concerned that unless we clarify our opinion or certify the issue, the judges in Orange Countyand other counties which have implemented alternative jail sanctions pursuant to section 951.24, Florida Statuteswill be in doubt as to their authority to exercise their discretion to allow such credit. We adhere to our original opinion. We find no authority in section 951.24 which would permit the county to provide an incarceration alternative which does not require lodging in a county facility....
...ducational or vocational training program, while continuing as an inmate of the county facility in which he shall be confined except during *1097 the period of his authorized release. (Emphasis added.) When we read this provision in conjunction with section 951.24(3)(d) which authorizes the county commission, upon the recommendation of the sheriff, to "authorize the person in charge of a county stockade or work camp to implement paragraphs (a), (b), and (c) [the procedure for collecting the pris...
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Under the statutory definitions he was not a "county prisoner" because he was never detained in a county detention facility, nor was he a "municipal prisoner" because he was not being detained for violation of municipal laws. Therefore, it is apparent that Section 951.24, Florida Statutes does not furnish a basis to establish responsibility on appellant for payment of Toth's bill....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 120155
...ted under a contract with the state, a county, or a municipality, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement commits a felony of the second degree.... Section 951.24(2)(a), Florida Statutes (2004), provides that an inmate participating in a work release program shall continue "as an inmate of the county facility in which he or she shall be confined except during the period of his or her authorized release." According to Gregory v....
...an escapee only upon failure to return to the facilityor on authorized release during only those periods of the day in which he was performing authorized taskstraveling to work, working, and traveling home from work. The State argues that under section 951.24 and Gregory, Williams was on "authorized release" during only the few minutes it took him to get to work; if he detoured, he was no longer on "authorized release" and thus an escapee. We disagree. The phrase "authorized release" in section 951.24(2)(a) creates an exception to being an inmate confined in a "facility." According to the plain language of the statute, Williams is an inmate when he is confined in a facility....
...He is not suddenly escaping from a confinement facility when he arrives at work late, regardless of the reason. Rather, Williams is on authorized release from the time he leaves the work release center to go to work until the prescribed time for his return. See § 951.24(4), Fla....
...5th DCA 1996) ("We would agree with [the defendant charged with escape] if the state had *402 relied only on his failure to report to work. . . ."). We agree with the Fifth District's suggestion. Williams was not a confined inmate under sections
944.40 and
951.24 when he was released from the work release center....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1996 WL 476331
...He remained throughout this period under an order of incarceration. He was released from incarceration only so long as he complied with the conditions of that release. He was, in a sense, *902 "furloughed" from the Work Release Facility so long as he reported to work as required. Section 951.24(4), Florida Statutes (1995), provides: Any prisoner who willfully fails to remain within the extended limits of his confinement or to return within the time prescribed to the place of confinement shall be deemed an escapee from custody and shall be subject to punishment as prescribed by law....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...secutive to the term then being served. Florida Statute
944.40 clearly provides that a prisoner who escapes from confinement in a county jail shall be guilty of a second degree felony. The legislature, by the adoption of Florida Statutes
945.091 and
951.24, has recognized that a prisoner may still be regarded as "confined" even though not physically present in a state or county correctional facility....
...of the Department of Offender Rehabilitation. It is broad in scope, authorizing the extension of the limits of confinement for various purposes, including, generally, the visiting of places to aid in the rehabilitation of the inmate. Florida Statute 951.24 relates to county prisoners, such as appellant herein....
...Under both statutes, failure to return to the place of confinement within the time prescribed constitutes an escape. Appellant argues that Florida Statute
945.091 is inapplicable to him because it deals with state facilities, not county jails. He also argues that Florida Statute
951.24 is inapplicable, since he was simply on furlough and not working. Therefore, he could not be charged with escape because there is no statutory provision dealing with the factual situation presented by this case. This court declines to construe Florida Statutes
944.40 and
951.24 in a manner which would permit a county prisoner whose furlough became a "lost weekend" to remain at-large indefinitely without punishment, while subjecting a prisoner slow in returning from vocational school to be charged with the commission of a felony....
CopyCited 1 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 44788, 2009 WL 1370858
...In this case, Plaintiff simply failed to return to jail from his employment under a work release program. While participating in a work release program, an inmate shall continue "as an inmate of the county facility in *1200 which he or she shall be confined except during the period of his or her authorized release." § 951.24(2)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1991 WL 3571
...[2] The trial court denied the motion, and Gregory pled no contest to the escape charge, reserving the right to appeal the issue of confinement. The state contends that Gregory was within the extended limits for confinement of county prisoners authorized by the work release statute. See § 951.24, Fla. Stat. (1987). [3] We disagree. Section 951.24 requires that an inmate participating in a work release program shall continue "as an inmate of the county facility in which he shall be confined except during the period of his authorized release." Authorized release means those hours...
...NOTES [1] The record does not contain a detailed explanation of the "in house arrest program of the Hillsborough County Jail." Comments of the prosecutor to the court indicate that the program is a form of house arrest similar in design to community control. The authority for the program is cited as § 951.24, Fla....
... Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes ... shall be guilty of a felony of the second degree... . [3] 951.24 Extend the limits of confinement for county prisoners....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 18823, 2004 WL 3027946
...In pertinent part, the information alleged that Mr. Banasik, “while a prisoner in the lawful custody of a law enforcement officer and while being transported to or from a place of confinement, did escape or attempt to escape from such custody,” contrary to sections
944.40 and
951.24, Florida Statutes (2002)....
...ts a felony of the second degree.... At trial, the parties stipulated that Mr. Banasik had been convicted of an offense and had been sentenced to thirty days in the county jail, to be served on work release through the community maintenance program. Section 951.24(4), which concerns work-release programs, provides: Any person who willfully fails to remain within the extended limits of his or her confinement or to return within the time prescribed to the place of confinement shall be deemed an escapee from custody and shall be subject to punishment as prescribed by law....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14872, 2010 WL 3783700
...Following the court's denial of Appellant's motion to dismiss, the state moved in limine to preclude Appellant from arguing to the jury that he could not be guilty of escape because he was not confined while on work release. In granting the state's motion, the trial court again ruled correctly. Section 951.24, Florida Statutes, which authorizes county work release programs, states that "[a]ny prisoner who willfully fails to remain within the extended limits of his or her confinement or to return within the time prescribed to the place of confinement shall be deemed an escapee from custody and shall be subject to punishment as prescribed by law." § 951.24(4), Fla....
...Appellant's purported defense is flatly contradicted by the plain language of the statute, and thus, contrary to law. See Early v. State,
678 So.2d 901 (Fla. 5th DCA 1996) (appellant's failure to timely return to work release facility constituted escape under section
951.24(4), Florida Statutes)....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2095, 1987 Fla. App. LEXIS 10068
the trial court relied upon the provisions of Section
951.24. The information charging the offense of escape
CopyPublished | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 803, 1989 Fla. App. LEXIS 1655, 1989 WL 30817
...ns, we remand for an evidentiary hearing on this point. Appellant also alleges that his counsel told him, prior to pleading, that he would be eligible for work release if he pled guilty. However, sex offenders are not eligible for work release under Section 951.24(2)(c), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
commission and the concurrence of the sheriff. Section
951.24, F.S., provides: (1) Any county shall
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
limits of confinement beyond those enumerated in section
951.24, Florida Statutes, to allow a county prisoner
CopyPublished | Supreme Court of Florida
...This instruction was adopted in 2015 [
163 So. 3d 478] and amended in 2018
[
257 So. 3d 370], and 2020.
27.1 [ATTEMPTED] ESCAPE
§
944.40, Fla. Stat.
(including §
945.091(4), Fla. Stat. and §
951.24(4), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 3499910
...District Court of Appeal of Florida, Fifth District. December 23, 2005. *341 Raymond Claudio, St. Augustine, Pro Se. No Appearance for Appellee. ORFINGER, J. Raymond Claudio appeals the trial court's denial of his petition for writ of mandamus. Claudio argues that under section 951.24, Florida Statutes (2005), the trial court is authorized to grant work release as part of a defendant's sentence, and that the St....
...work release. Claudio then filed a grievance, appealing his denial of work release. Before receiving an answer to his grievance, Claudio filed a petition seeking a writ of mandamus, claiming that St. Johns County's eligibility requirements violated section 951.24, Florida Statutes (2005). [1] Claudio also argued that the Sheriff was not authorized under section 951.24 to exclude him from the work release program....
...y clearly and certainly established in the law." Milanick v. Town of Beverly Beach,
820 So.2d 317, 320 (Fla. 5th DCA 2001) (citing Fla. League of Cities v. Smith,
607 So.2d 397, 400-01 (Fla.1992)). In this case, Claudio had no right to work release. Section
951.24(2)(a), Florida Statutes (2005), governing work release programs, provides, in pertinent part: (2)(a) Whenever punishment by imprisonment in the county jail is prescribed, *342 the sentencing court, in its discretion, may at any time du...
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
record-keeping requirements. AS TO QUESTION 1: Section
951.24(1), F. S., provides for the establishment of
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
QUESTION: Do the provisions of s. 951.24 (1), F.S., relating to county work-release programs require that the sheriff of the county concur in the concept of a work-release program before such a program is instituted, or does it require only that he approve the individuals who are allowed to participate in the program once it is established? SUMMARY: Section 951.24 (1) and (3), F.S., provides that the county sheriff's approval is to be obtained prior to the institution of a work-release program and prior to court placement of any prisoner into such a program. Section 951.24 (1) provides in part that [a]ny county shall be deemed to have a work-release program upon the motion of that county's board of county commissioners which shall require the concurrence of the sheriff of said county....
...ar and definite meaning, there is no occasion for resort to the rules of statutory construction. White v. Campbell,
215 So.2d 66 . The plain and obvious provisions must control. Southeastern Utilities Service Co. v. Redding,
131 So.2d 1 (Fla. 1961). Section
951.24 (1), F.S., provides that the county sheriff must concur in the county commissioners' decision to institute a workrelease program for prisoners of the county jail. Section
951.24 (3) provides that prisoners of the county jail, once incarcerated, may request in writing to be placed on the county's work-release program if one has been implemented. Such a request "may be granted by the court with the advice and consent of the sheriff and upon agreement by the prisoner." When subsections
951.24 (1) and (3) are read in pari materia, it is evident that the Legislature intended to give the county sheriff both the power to share in the decision to institute a county work-release program and the power to share in the decision regarding the placement of individual prisoners in such a program. Therefore, s.
951.24 (1) requires that the county commission secure the approval of the county sheriff before it may establish a county work-release program for county prisoners.
