Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS for CS for SB 642
Ì588958oÎ588958
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Book moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 4224 - 4285
4 and insert:
5 Section 60. Paragraphs (b), (e), and (f) of subsection (4)
6 of section 944.275, Florida Statutes, are amended to read:
7 944.275 Gain-time.—
8 (4)
9 (b) For each month in which an inmate works diligently,
10 participates in training, uses time constructively, or otherwise
11 engages in positive activities, the department may grant
12 incentive gain-time in accordance with this paragraph. The rate
13 of incentive gain-time in effect on the date the inmate
14 committed the offense that which resulted in his or her
15 incarceration shall be the inmate’s rate of eligibility to earn
16 incentive gain-time throughout the period of incarceration and
17 may shall not be altered by a subsequent change in the severity
18 level of the offense for which the inmate was sentenced.
19 1. For sentences imposed for offenses committed before
20 prior to January 1, 1994, up to 20 days of incentive gain-time
21 may be granted. If granted, such gain-time shall be credited and
22 applied monthly.
23 2. For sentences imposed for offenses committed on or after
24 January 1, 1994, and before October 1, 1995:
25 a. For offenses ranked in offense severity levels 1 through
26 7, under former s. 921.0012 or former s. 921.0013, up to 25 days
27 of incentive gain-time may be granted. If granted, such gain
28 time shall be credited and applied monthly.
29 b. For offenses ranked in offense severity levels 8, 9, and
30 10, under former s. 921.0012 or former s. 921.0013, up to 20
31 days of incentive gain-time may be granted. If granted, such
32 gain-time shall be credited and applied monthly.
33 3. For sentences imposed for offenses committed on or after
34 October 1, 1995, and retroactive to October 1, 1995, the
35 department may grant up to 20 10 days per month of incentive
36 gain-time except that:
37 a. If the offense is a nonviolent felony, as defined in s.
38 948.08(6), excluding any offenses listed in s. 847.011, 787.06,
39 787.02, and 827.071, the prisoner is not eligible to earn any
40 type of gain-time in an amount that would cause a sentence to
41 expire, end, or terminate, or that would result in a prisoner’s
42 release, before he or she serves a minimum of 65 percent of the
43 sentence imposed. For purposes of this sub-subparagraph, credits
44 awarded by the court for time physically incarcerated must be
45 credited toward satisfaction of 65 percent of the sentence
46 imposed. A prisoner who is granted incentive gain-time pursuant
47 to this sub-subparagraph may not accumulate further gain-time
48 awards at any point when the tentative release date is the same
49 as that date at which the prisoner will have served 65 percent
50 of the sentence imposed. State prisoners sentenced to life
51 imprisonment must be incarcerated for the rest of their natural
52 lives, unless granted pardon or clemency.
53 b. If the offense is not a nonviolent felony, as defined in
54 s. 948.08(6), or is an offense listed in s. 847.011, 787.06,
55 787.02, or 827.071, the prisoner is not eligible to earn any
56 type of gain-time in an amount that would cause a sentence to
57 expire, end, or terminate, or that would result in a prisoner’s
58 release, before he or she serves a minimum of 85 percent of the
59 sentence imposed. For purposes of this sub-subparagraph, credits
60 awarded by the court for time physically incarcerated must be
61 credited toward satisfaction of 85 percent of the sentence
62 imposed. A prisoner who is granted incentive gain-time pursuant
63 to this sub-subparagraph may not accumulate further gain-time
64 awards at any point when the tentative release date is the same
65 as that date at which the prisoner will have served 85 percent
66 of the sentence imposed. State prisoners sentenced to life
67 imprisonment must be incarcerated for the rest of their natural
68 lives, unless granted pardon or clemency.
69 (e) Notwithstanding subparagraph (b)3. for sentences
70 imposed for offenses described in s. 943.0435 committed on or
71 after October 1, 2014, the department may not grant incentive
72 gain-time if the offense is a violation of s. 782.04(1)(a)2.c.;
73 s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011,
74 excluding s. 794.011(10); s. 800.04; s. 825.1025; or
75 847.0135(5).
76
77 ================= T I T L E A M E N D M E N T ================
78 And the title is amended as follows:
79 Delete line 374
80 and insert:
81 after a specified date; prohibiting specified persons
82 from eligibility for incentive gain time; amending s.
83 944.47, F.S.;