Florida Corriectional officer basic recruit Chapter 1

New

Long-Term Learning

Learn efficiently and remember over time.

Start Long-Term Learning

Get personalized study reminders at intervals optimized for better retention.
Track your progress on this set by creating a folder
Or add to an existing folder

Add this set to a folder

  • Correctional officer

    means any person who is appointed or employed full
    time by the state or any political subdivision thereof, or by any private
    entity which has contracted with the state or county, and whose primary
    responsibility is the supervision, protection, care, custody, and control,
    or investigation, of inmates within a correctional institution; however,
    the term "correctional officer" does not include any secretarial, clerical, or professionally trained personnel.

    Florida Administrative Code (FAC).

    In addition to the Florida Statutes (F.S.), other legal mandates concerning this profession are found in rules enforced through

    the Florida Statutes and the Florida Model Jail Standards (FMJS).

    county correctional officers and facilities are governed by

    correctional officers are considered professionals in their field and much is expected as they provide

    care, custody and control of inmates

    Some of the
    personal characteristics supervisors look for in new officers include those who are able to:

    • work alone with little or no supervision
    • perform tasks without letting distractions interfere
    • independently make decisions and stand by decisions made
    • learn new techniques and procedures
    • adapt to change without incurring undue stress
    • be attentive to their environment
    • be responsible for actions taken as well as the consequences of inacti

    The Criminal Justice Standards and Training Commission was created to

    oversee
    the certification, employment, training, and conduct of Florida law enforcement, correctional, and correctional probation officers

    The Commission meets quarterly and has as its purpose

    "to ensure that the citizens of the state of Florida are served by
    the most qualified, well-trained, competent and ethical criminal justice officers in the
    nation."

    Florida Statute §943.12 explains the Commission's duties as follows:

    • establish uniform minimum standards for the employment and training of full-time, part-time,
    and auxiliary law enforcement, correctional, and correctional probation officers
    • establish and maintain officer training programs, curricula requirements, and certification of
    training schools and training school instructors
    • certify officers who complete a Florida Basic Recruit Training Program or who are diversely
    qualified through experience and training and who meet minimum employment standards
    • review and administer appropriate administrative sanctions in instances when an officer,
    instructor, or training school is found to be in violation of Florida Statutes and Commission
    standards
    • promulgate rules and procedures to administer the requirements of §943.085-943.255, F.S.
    • conduct studies of compensation, education, and training for correctional, correctional
    probation, and law enforcement disciplines
    • maintain a central repository of records of all certified criminal justice officers
    • develop, maintain, and administer the State Officer Certification Examination for criminal justice officers

    The Criminal Justice Professionalism Program (CJPP)

    is statutorily created within the Florida Department
    of Law Enforcement (FDLE) to support and assist the Commission in the execution, administration,
    implementation, and evaluation of its powers, duties, and functions. The CJPP manages the administrative
    functions involved in the certification and decertification of criminal justice officers in Florida. The CJPP
    writes and keeps up to date each of the basic and post-basic training courses that certified officers receive in
    Florida. The program also maintains the automated training system for all officer records.

    F.S. §943.13 sets the minimum requirements and standards that persons must meet before becoming
    certified as officers. An officer must:

    • be at least 19 years of age
    • be a citizen of the United States
    • be a high school graduate or its equivalent
    • not have been convicted of any felony or misdemeanor which involves perjury or a false
    statement, regardless of withholding of adjudication or suspended sentence
    • not have received a dishonorable discharge from any of the Armed Forces of the United States
    • have processed fingerprints on file with the employing agency
    by the Commission
    • have a good moral character, as determined by a background investigation under procedures
    established by the Commission
    • submit an affidavit attesting to compliance (a signed document agreeing to abide by all
    Commission rules)
    • satisfactorily complete a Commission-approved course of basic recruit training
    • satisfactorily pass a state examination in the respective specialty

    A recruit has four years from the starting date of the basic recruit training to complete the certification
    process. In order to become certified as a correctional officer, a person must do all of the following:

    • meet all the minimum requirements and standards
    • complete the approved basic recruit training
    • pass the State Officer Certification Examination
    • become actively employed with a correctional facility in an auxiliary, a part-time, or a full-time officer position

    Upon completion of a basic recruit training program, an individual must

    pass the State Officer
    Certification Examination (SOCE) to become certified as a correctional officer. An applicant must pass the SOCE within three attempts

    Officer Compliance

    When a recruit is being hired by a correctional facility, the agency will conduct a thorough
    background investigation to determine his or her moral character prior to employment with the
    agency. If a recruit has entered the academy prior to employment, the recruit is subject to the same
    moral character requirements as active certified officers and may be denied certification by the
    Commission if evidence indicates noncompliance with these standards.

    Disciplinary Action

    the Commission has the authority to impose
    discipline on an officer's certification if the officer fails to maintain the required standards of conduct.

    The Commission may take action against an officer's certification if the officer does the
    following:

    • pleads nolo contendere, pleads guilty, or is found guilty of any felony
    • pleads nolo contendere, pleads guilty, or is found guilty of a misdemeanor
    involving perjury or false statement
    • fails to maintain good moral character as defined by the Florida Statutes and
    Florida Administrative Code (CJSTC Rule 11B-27, FAC)
    • commits any act constituting a felony offense, regardless of criminal
    prosecution
    • tests positive for controlled substances by a urine or blood test, in accordance
    with the requirements for testing reliability and integrity set forth in Rule 11B-
    27.00225, FAC
    • is found guilty of excessive use of force under color of authority under Rule
    11B-27.0011(4)(c)1, FAC
    • engages in sexual harassment involving physical contact or misuse of official
    position
    • misuses the official position, as defined by §112.313(6), F.S.
    • engages in sex while on duty
    • has unprofessional relationships with an inmate, detainee, probationer,
    parolee, or community controlee; has written or oral communication that
    is intended to facilitate conduct which is prohibited by Commission rule;
    engages in any physical contact not required in the performance of official
    duties that is normally associated with the demonstration of affection or sexual
    misconduct as defined in section F.S. §944.35(3)
    • makes false statements during the employment process
    • commits conduct that subverts or attempts to subvert the state officer
    certification examination process in accordance with rule 11B-30.009(3), FAC
    • commits conduct that subverts or attempts to subvert the CJSTCapproved
    training examination process or an employing agency's promotional
    examination process in accordance with, but not limited to, acts described in
    rule 11B-27.0011(4)(c)9, FAC

    The Commission may impose discipline on an officer's certification in keeping with an
    established set of penalty guidelines that may be required during the officer discipline
    process. The penalties include

    written reprimand, probation, suspension, or revocation
    of certification.

    F.S. §943.1395(6),

    When the Commission revokes an officer's certification in accordance
    with F.S. §943.1395(6), the officer can no longer work as a certified correctional officer
    in the state of Florida.

    Values are principles, standards, or qualities considered worthwhile or desirable

    They are core beliefs or desires that guide or motivate a person's attitude and
    actions.

    Values

    are what people care about and what they think is important. Values
    determine how people behave in certain situations.

    Values are based on

    family heritage,
    cultural background, personal experiences, and beliefs.

    A variety of influences shape an
    individual's values including

    attitudes about work, respect, and responsibility

    Ethics

    is defined as the principles of honor, morality, and accepted rules of conduct
    that direct an individual or group.

    Ethics are derived from

    the principles of right
    and wrong.

    Officers must always act

    within the boundaries of their authority and
    uphold the recognized standards of their profession's code of ethics.

    Preamble:

    The American Correctional Association expects of its members
    unfailing honesty, respect for the dignity and individuality of human beings and a
    commitment to professional and compassionate service

    Professionalism

    is behavior that demonstrates good character and is marked by pride
    in self and career

    Professionalism requires that

    an officer respect
    the people he or she serves and maintain a personal commitment to the continued
    development of his or her skills in the pursuit of excellence.

    An officer should be

    dependable, strive at all times to work
    efficiently and consistently, and fulfill his or her obligations

    The officer must be able to

    make quick, accurate
    decisions and prioritize his or her responses.

    The officer must remain

    calm and
    levelheaded in stressful situations, react appropriately, and gather as much information
    as possible to make the best decisions.

    Stereotyping

    is making a generalizations
    about a person or group.

    Chain of command

    is the order of authority within an organization.

    Following a chain of command facilitates

    coordination, reduces
    confusion, and enhances the efficiency of the organization.

    An organization

    is a group of two or more people who cooperate to accomplish an
    objective or multiple objectives.

    In
    correctional agencies, this rank structure might be as follows:

    • Sheriff or Warden
    • Undersheriff or Assistant Warden
    • Colonels or Chief of Security
    • Majors
    • Captains
    • Lieutenants
    • Sergeants
    • Corporals
    • Deputies or Officers

    Organizations use the chain of command to

    facilitate communication and make
    decisions.

    Officers should go to their

    immediate
    supervisor for information and assistance

    insubordination

    Failure to follow lawful orders from
    supervisors

    Criminal justice

    refers to the structure, functions, and decision-making processes of those
    agencies that deal with the management and control of crime and criminal offenders.

    The three main components of the criminal justice system include

    law enforcement, the
    court system, and corrections.

    Corrections is the part of the system responsible for

    enforcing penalties as defined by
    the court system and for the care, custody and control of inmates and pretrial detainees

    Prisons (federal and state)

    Prisons are correctional institutions maintained by federal or
    state governments for the confinement of convicted felons.

    County Jails

    County jails are used for in-processing and temporary detention of
    defendants awaiting trial or disposition on federal or state charges and of convicted
    offenders sentenced to short-term detention (a year or less). County jails may also hold
    convicted felons returned from prison for court appearances.

    Treatment and Evaluation Centers:

    These facilities are designed to meet the special needs
    of particular offenders. Treatment centers deal with alcohol/drug abusers or mentally ill
    offenders. In addition to general processing procedures, various testing (e.g., medical,
    mental, educational aptitude) is performed at these facilities.
    Objectives
    CO1-2.1.1 Outline the
    role of the correctional
    officer.
    CO1-2.1.2 List the major
    components of the Criminal
    Justice System.
    CO1-2.1.3 Explain the
    function of the corrections
    system.
    CO1-2.1.4 Describe
    the components of the
    corrections system.

    Probation, Parole, and Community Control:

    Probation, parole, and community control
    are part of a community-based correctional system. Its purpose is to supervise the
    enforcement of specific restrictions on individuals who have received an alternative to incarceration.

    Probation

    is a court-ordered sentence that places a person under the
    supervision of a probation officer under specified court ordered terms and
    conditions as an alternative to or supervision after incarceration.

    Parole

    is the release of an inmate from a correctional institution prior to the
    conclusion of the inmate's court-imposed sentence.

    Community control (house arrest)

    is a form of community supervision that is
    closely monitored and is more restrictive than probation or parole.

    Juvenile Assessment/Detention Center:

    Juvenile suspects are taken to a center for
    processing and possible pretrial detention.

    The First Amendment

    protects freedom of speech, the press, and religion, and
    the right to peacefully assemble.

    In a correctional setting the First Amendment is limited to

    access to religious practice and the press

    The Fourth Amendment

    prohibits unreasonable search and seizure

    In a correctional setting The Fourth Amendment

    in a correctional setting there is a diminished expectation of privacy
    and there is no general requirement for a search warrant.

    The Fifth Amendment

    is best known for prohibiting compelled selfincrimination

    The Sixth Amendment

    guarantees the right to a speedy and public trial, to
    counsel, to an impartial jury, to be informed of the nature of the charges, and
    to confront witnesses

    The Eighth Amendment

    prohibits excessive bails and fines, and cruel and
    unusual punishment.

    In a correctional setting The Eighth Amendment

    This amendment plays a critical role in the care, custody
    and control of inmate populations. Excessive use of force or withholding meals
    are examples of rights violations prohibited under this amendment

    A search

    may be defined as governmental intrusion into a place where a person has a
    reasonable expectation of privacy.

    In a correctional setting a search occurs as

    an effort
    to seek out and discover evidence and contraband in the possession of an inmate.

    Probable cause

    is a fair probability or reasonable grounds to believe
    that a crime was committed, based on the totality of the circumstances.

    Seizure

    may be defined as the act of taking possession of contraband or evidence
    for a violation of rule or law.

    Inmates have a diminished expectation of privacy in a
    correctional setting due to

    the compelling interest to maintain order in the correctional
    system.

    When evidence or contraband is found during a search in a correctional setting,

    the correctional officer has the duty to seize the item.

    Safety and security needs of a correctional facility include

    searching people entering a
    correctional facility

    Types of searches may include

    pat search, K-9, drug, body scan, and
    metal detector.

    Unlike inmates, visitors have the right to

    refuse a search

    visitors have the right to refuse a search

    refusal
    may result in denial or termination of current or future visits.

    Miranda

    warnings provide the protections of the Fifth Amendment right against selfincrimination
    when a suspect in custody is interrogated in a criminal investigation.

    Inmates retain certain rights Some rights retained include

    freedom from excessive punishments; access to courts; legal
    counsel including help from other inmates in preparation of writs, petitions and other
    legal papers; and access to an adequate law library.

    Inmates have the right to

    freedom of
    expression; freedom from overcrowded conditions, freedom from unreasonable search
    and seizure; and freedom to worship and exercise religious beliefs. inmates have
    the right to exercise and fresh air, adequate medical treatment, the ability to send and
    receive mail, including correspondence with the courts; and food that meets minimum
    nutritional standards.

    The Health Insurance Portability and Accountability Act (HIPAA)

    was established to
    standardize health records in the U.S.

    Within this act The Health Insurance Portability and Accountability Act (HIPAA)

    privacy standards were developed
    to make it a violation to knowingly disclose protected health information.

    Individuals
    employed by a "covered entity," including correctional officers and staff, who knowingly
    violate HIPAA provisions may

    be fined, imprisoned, or administratively disciplined.

    HIPAA, 45 C.F.R. §164, F.S.

    As a covered entity, a correctional institution must reasonably safeguard protected
    health information to limit incidental uses or disclosures made pursuant to an otherwise
    permitted or required use or disclosure in accordance with

    The correctional officer must remember that inmate health information should remain
    confidential and may be shared only with

    individuals that have a need and right to kno

    The Baker Act,

    also known as the Florida Mental Health Act, provides for emergency
    services and temporary detention for evaluation and voluntary or involuntary short-term
    community inpatient treatment, if necessary. See §394.455(18), F.S.

    The Prison Rape Elimination Act of 2003 (PREA, P.L. 108-79)

    was enacted by Congress
    to address the problem of sexual abuse of persons in the custody of U.S. federal, state or
    local correctional agencies.

    The purpose
    of PREA is to

    make rape prevention and awareness in a correctional setting a top priority. There is a zero-tolerance standard for the incidence of rape in U.S. prisons

    Officers should treat all allegations of prison rape

    seriously and take appropriate action
    when a complaint is made.

    privileged communication.

    inmate and an attorney.

    Contraband

    is defined as any unauthorized article or any authorized article in
    excessive quantities or altered from its intended purpose

    Items identified as contraband in correctional facilities by §944.47 and §951.22, F.S.,

    include currency or coins, tobacco products, controlled substances, non-prescribed
    drugs of any kind or nature, articles of food or clothing altered or in excessive quantity,
    firearms or dangerous weapons, cell phones or portable communication devices, or any
    items used to aid or affect an escape

    The purpose of limiting items in a
    correctional facility is to

    maintain internal order, security, and discipline

    Florida Statutes §951.22

    provides authority to county facilities in accordance with the
    Florida Model Jail Standards to establish policies and procedures relating to contraband.

    The introduction of contraband

    is a crime punishable by F.S. §944.47 that designates the
    introduction, taking, or sending of articles defined as contraband into a correctional
    facility as a felony offense. The attempted introduction of contraband is also punishable
    under this statute.

    §932.704,
    F.S., and §932.7055, F.S

    Confiscated contraband may be destroyed, converted, or reused pursuant to

    Depending on agency policy or procedures, contraband may
    be destroyed by

    flushing, incinerating, or compacting

    Consumable items such as food,
    drink or any item that may be tampered with should be

    destroyed.

    Certain items may
    be converted for

    inmate trust fund or charity as designated by the agency

    Reusable
    items will be only

    non-consumable items issued by the facility that may be returned to
    supply

    The disposition of
    contraband must be

    documented

    Contraband may also be designated as evidence and require

    holding for use in a
    disciplinary hearing or criminal case.

    A criminal act

    is a violation of the law

    according to §775.08(4), F.S.

    In Florida a crime is designated as either a
    felony or misdemeanor

    A felony

    is any
    criminal offense punishable under the laws of this state by death or imprisonment in
    a state facility for a period exceeding one year.

    A misdemeanor

    is any criminal offense
    punishable under the laws of this state by a term of imprisonment for less than one year
    in a county correctional facility.

    It is possible for an inmate to spend an extended term
    of more than one year in a county facility if he or she

    receives consecutive sentences for
    multiple charges.

    Officers have the responsibility to protect

    themselves, inmates,
    staff, and visitors from harm and violations.

    Though the correctional officer does not
    determine a criminal charge, he or she must be able to

    determine when a crime has
    been committed, and distinguish a crime from a rule violation.

    Some crimes committed in a correctional setting may include

    petty theft, dealing in
    stolen property, assault, battery, sexual battery, battery on a facility employee, drugrelated
    crimes, criminal mischief, arson, possession of contraband, introduction of
    contraband into a correctional facility, escape, lewd and lascivious behavior, bribery,
    security threat group (STG)-related crimes, gambling, vandalism, loan sharking, or
    homicide.

    Examples of staff and visitor criminal acts may include

    introduction of contraband,
    sexual misconduct, and bribery.

    There are two basic elements of a crime:

    proof that a crime has been committed,
    and proof the person being charged committed the crime.

    to prove that a
    crime has been committed it must be shown that

    an act is specifically prohibited by a
    criminal statute.

    It also must be shown that the person committing the act at the time
    did so

    knowingly or intentionally

    By purposely doing what the law declares to be a
    crime,

    the person demonstrates criminal intent

    Instrumentalities of a crime

    may be defined as anything used to commit a crime.

    Instrumentalities may take varied forms

    body fluids, a homemade weapon, cell phone,
    threatening letter, or recorded phone call. Often these items may become evidence.

    fruits of a crime

    comprises anything gained or obtained by committing a crime

    Evidence

    is anything that proves or disproves a fact in a judicial case or disciplinary hearing

    Five types of evidence characteristically found in a correctional setting are

    direct, circumstantial or
    indirect, physical, testimonial, and documentary.

    Direct evidence

    directly proves a fact without inference or assumption. For example an officer
    observes a stabbing; or DNA samples connect a suspect to a crime.

    Circumstantial or indirect evidence

    is based on an inference not on personal knowledge
    through observation and is presumed to be true.

    Physical evidence

    refers to material objects such as weapons, drugs, or money

    Testimonial evidence

    is verbal evidence solicited from a witness, victim, or suspect.

    Documentary evidence

    is printed or written evidence such as a call out log, written property
    receipt, letter, or recording.

    chain of custody

    is documentation of every individual who handled evidence as well as when, why, and what changes, if any, were made to it

    Chain of custody documentation is also issued
    to prove that

    the evidence submitted in court or at a disciplinary hearing is the same evidence that was collected at the crime scene.

    The responding officer must take steps to preserve the chain of custody to

    protect the integrity of the evidence.

    Items must be documented even if

    what is collected does not immediately appear to be relevant to the incident.

    Documentation can be in

    writing, by video, photograph or audio

    Documentation must
    be

    clear and complete for understanding and testimony by another officer or individual

    The components
    of the chain of custody for documentation or preservation are:

    Who—parties involved, What—all materials used and secured, When—date and time the incident occurred and any time the evidence was handled thereafter • Where—location where the evidence was collected, transferred to, or stored • Why—reason the evidence or material was handled • How—proper methods for preservation; how evidence is collected is crucial to verifying its integrity and thus its usability in trial or hearing

    Chapters 944 and 776, F.S.,

    govern all use of force by a correctional officer.

    officers must refer to what for in use of force
    situations.

    to agency policy and procedures

    To be deemed justified, the use of force must be determined to be

    reasonable.

    Reasonable force

    may be defined as the type and amount of force that the officer
    reasonably believes to be necessary to overcome resistance

    Reasonable force is based on

    the totality of circumstances and the perception at the time of the event as to what force is reasonably required.

    Resistance may take two forms

    resistance to a verbal command, and physical resistance.

    In Graham v. Conner, 490 US 386 (1989), the U.S. Supreme Court held that all
    law enforcement use of force cases are to be judged by

    an objective reasonableness standard based upon the Fourth Amendment.

    The use of force is to be judged from
    the perspective of what

    a reasonable officer would do under the same circumstances
    without the benefit of hindsight

    The objective reasonableness test requires the officer to answer two questions about the
    level of force used in any situation:

    was the action reasonable and necessary, and was the amount of force applied reasonable and necessary?

    U.S. Supreme Court case Hudson v. McMillan 503 US 1 (1992) established that

    intent determines reasonableness in use of force situations in correctional settings.

    Defense of self or others could include

    the use of reasonably necessary physical force up to and including deadly force.

    Florida Statute
    §944.35

    An employee of the department is authorized to apply physical force upon an inmate only when and to the extent that it reasonably appears necessary

    Florida law provides for correctional officers to use reasonable force including deadly force to prevent

    the escape of inmates

    Florida Statute §776.07(2),

    states that "A correctional officer or other law enforcement
    officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense"

    The amount of force used must always be

    reasonable and justifiable

    if force used is deemed to be
    excessive, the officer may face

    criminal, civil, and administrative penalties

    charges may be brought at both the state and federal level depending on the violation

    Criminal, civil, and civil rights

    The nature of
    injuries will determine

    the level of the charge

    Liabilities- criminal liabilities

    Penalties- as addressed by Florida Statute

    Liabilities- civil liabilities

    Penalties- lawsuits against the individual and/or the agency

    Liabilities- federal civil rights liabilities

    Penalties- both civil and criminal

    Liabilities- administrative liabilities

    Penalties- sanctions imposed by the employing agency and CJSTC

    Excessive use of force may also result in

    negative community reaction and loss of trust in the profession

    All use of force must be documented in a

    timely, clear manner, pursuant to agency policy or procedure and statute

    Florida Statute §944.35

    imposes sanctions if an officer fails to document a use of force

    If an officer uses, witnesses or has reason to believe force
    was used he or she must

    report the incident

    Correctional officers may be liable for damages or injuries if they

    improperly perform a job task or do not perform a job task that an officer reasonably should perform

    See More

    Please allow access to your computer’s microphone to use Voice Recording.

    Having trouble? Click here for help.

    We can’t access your microphone!

    Click the icon above to update your browser permissions above and try again

    Example:

    Reload the page to try again!

    Reload

    Press Cmd-0 to reset your zoom

    Press Ctrl-0 to reset your zoom

    It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

    Please upgrade Flash or install Chrome
    to use Voice Recording.

    For more help, see our troubleshooting page.

    Your microphone is muted

    For help fixing this issue, see this FAQ.

    Star this term

    You can study starred terms together

    NEW! Voice Recording

    This is a Plus feature