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Florida Statute 921.00241 | Lawyer Caselaw & Research
F.S. 921.00241 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 921.00241

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.00241
921.00241 Prison diversion program.
(1) Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2009, a court may divert from the state correctional system an offender who would otherwise be sentenced to a state facility by sentencing the offender to a nonstate prison sanction as provided in subsection (2). An offender may be sentenced to a nonstate prison sanction if the offender meets all of the following criteria:
(a) The offender’s primary offense is a felony of the third degree.
(b) The offender’s total sentence points score, as provided in s. 921.0024, is not more than 48 points, or the offender’s total sentence points score is 54 points and 6 of those points are for a violation of probation, community control, or other community supervision, and do not involve a new violation of law.
(c) The offender has not been convicted or previously convicted of a forcible felony as defined in s. 776.08, but excluding any third degree felony violation under chapter 810.
(d) The offender’s primary offense does not require a minimum mandatory sentence.
(2) If the court elects to impose a sentence as provided in this section, the court shall sentence the offender to a term of probation, community control, or community supervision with mandatory participation in a prison diversion program of the Department of Corrections if such program is funded and exists in the judicial circuit in which the offender is sentenced. The prison diversion program shall be designed to meet the unique needs of each judicial circuit and of the offender population of that circuit. The program may require residential, nonresidential, or day-reporting requirements; substance abuse treatment; employment; restitution; academic or vocational opportunities; or community service work.
(3) The court that sentences a defendant to a nonstate prison sanction pursuant to subsection (2) shall make written findings that the defendant meets the criteria in subsection (1); and the sentencing order must indicate that the offender was sentenced to the prison diversion program pursuant to subsection (2). The court may order the offender to pay all or a portion of the costs related to the prison diversion program if the court determines that the offender has the ability to pay.
History.s. 2, ch. 2009-63.

F.S. 921.00241 on Google Scholar

F.S. 921.00241 on Casetext

Amendments to 921.00241


Arrestable Offenses / Crimes under Fla. Stat. 921.00241
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.00241.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . supervision with mandatory participation in a prison diversion program, as provided for in s . ection 921.00241 . . . Florida Statutes, if the defendant meets the requirements for that program as set forth in section 921.00241 . . .

BOOKER, III, v. STATE, 244 So. 3d 1151 (Fla. App. Ct. 2018)

. . . ." § 921.00241(2), Fla. Stat. (2018). . . .

REED, v. STATE, 192 So. 3d 641 (Fla. Dist. Ct. App. 2016)

. . . State, 71 So.3d 173, 175 (Fla. 1st DCA 2011); see also § 921.00241(1)-(2), Fla. . . .

JONES, v. STATE, 71 So. 3d 173 (Fla. Dist. Ct. App. 2011)

. . . This common understanding is consistent with the usage of the phrase in section 921.00241, which, like . . . See § 921.00241(3), Fla. Stat. . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND, 22 So. 3d 1 (Fla. 2009)

. . . section 2, Laws of Florida, the Legislature created a prison diversion program established under section 921.00241 . . . community supervision with mandatory participation in a prison diversion program, as provided for in s. 921.00241 . . . Florida Statutes, if the defendant meets the requirements for that program as set forth in section 921.00241 . . .

In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE A CRIMINAL PUNISHMENT CODE SCORESHEET, 19 So. 3d 274 (Fla. 2009)

. . . The Legislature also created a new prison diversion program under section 921.00241, Florida Statutes . . .