CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1742
Amendment No. 5
CHAMBER ACTION
Senate House
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11 The Committee on Fiscal Policy recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
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18 Section 6. Paragraph (b) of subsection (4) of section
19 944.275, Florida Statutes, is amended to read:
20 944.275 Gain-time.--
21 (4)
22 (b) For each month in which an inmate works
23 diligently, participates in training, uses time
24 constructively, or otherwise engages in positive activities,
25 the department may grant incentive gain-time in accordance
26 with this paragraph. The rate of incentive gain-time in effect
27 on the date the inmate committed the offense which resulted in
28 his or her incarceration shall be the inmate's rate of
29 eligibility to earn incentive gain-time throughout the period
30 of incarceration and shall not be altered by a subsequent
31 change in the severity level of the offense for which the
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SENATE AMENDMENT
Bill No. CS for SB 1742
Amendment No. 5
1 inmate was sentenced.
2 1. For sentences imposed for offenses committed prior
3 to January 1, 1994, up to 20 days of incentive gain-time may
4 be granted. If granted, such gain-time shall be credited and
5 applied monthly.
6 2. For sentences imposed for offenses committed on or
7 after January 1, 1994, and before October 1, 1995:
8 a. For offenses ranked in offense severity levels 1
9 through 7, under s. 921.0012 or s. 921.0013, up to 25 days of
10 incentive gain-time may be granted. If granted, such
11 gain-time shall be credited and applied monthly.
12 b. For offenses ranked in offense severity levels 8,
13 9, and 10, under s. 921.0012 or s. 921.0013, up to 20 days of
14 incentive gain-time may be granted. If granted, such
15 gain-time shall be credited and applied monthly.
16 3. For sentences imposed for offenses committed on or
17 after October 1, 1995, the department may grant up to 10 days
18 per month of incentive gain-time, except that no prisoner is
19 eligible to earn any type of gain-time in an amount that would
20 cause a sentence to expire, end, or terminate, or that would
21 result in a prisoner's release, prior to serving a minimum of
22 85 percent of the sentence imposed. When determining whether
23 this section applies to sentences imposed for offenses with
24 continuing or indeterminate offense dates, the department
25 shall use the beginning date of the offense as charged in the
26 indictment or information. For purposes of this subparagraph,
27 credits awarded by the court for time physically incarcerated
28 shall be credited toward satisfaction of 85 percent of the
29 sentence imposed. Except as provided by this section, a
30 prisoner shall not accumulate further gain-time awards at any
31 point when the tentative release date is the same as that date
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SENATE AMENDMENT
Bill No. CS for SB 1742
Amendment No. 5
1 at which the prisoner will have served 85 percent of the
2 sentence imposed. State prisoners sentenced to life
3 imprisonment shall be incarcerated for the rest of their
4 natural lives, unless granted pardon or clemency.
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6 (Redesignate subsequent sections.)
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9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 1, line 28, following the semicolon
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14 amending s. 944.275, F.S.; prescribing
15 guidelines for determining grants of gain-time;
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