House Bill hb0361

    Florida House of Representatives - 2001                 HB 361

        By Representative Stansel






  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         944.17, F.S.; requiring that a prisoner

  4         sentenced for a crime committed during

  5         incarceration in the state correctional system

  6         or a private correctional facility serve the

  7         sentence for such crime in the state

  8         correctional system or a private correctional

  9         facility, regardless of the length of sentence

10         imposed or the classification of the offense;

11         providing for sentencing based on

12         classification of the offense; providing an

13         effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsection (3) of section 944.17, Florida

18  Statutes, is amended to read:

19         944.17  Commitments and classification; transfers.--

20         (3)(a)  Notwithstanding the provisions of s. 948.03,

21  only those persons who are convicted and sentenced in circuit

22  court to a cumulative sentence of incarceration for 1 year or

23  more, whether sentence is imposed in the same or separate

24  circuits, may be received by the department into the state

25  correctional system. Such persons shall be delivered to the

26  custody of the department at such reception and classification

27  centers as shall be provided for this purpose.

28         (b)  Notwithstanding paragraph (a), any prisoner

29  incarcerated in the state correctional system or a private

30  correctional facility operating pursuant to chapter 957 who is

31  convicted in circuit or county court of a crime committed

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                 HB 361

    712-118A-01






  1  during that incarceration shall serve the sentence imposed for

  2  that crime within the state correctional system or a private

  3  correctional facility regardless of the length of sentence or

  4  classification of the offense.

  5         (c)1.  When the highest ranking offense for which a

  6  prisoner is convicted is a felony, the trial court shall

  7  sentence the prisoner pursuant to the Criminal Punishment Code

  8  under chapter 921.

  9         2.  When the highest ranking offense for which a

10  prisoner is convicted is a misdemeanor, the trial court shall

11  sentence the prisoner pursuant to s. 775.082(4).

12         Section 2.  This act shall take effect July 1, 2001.

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15                          HOUSE SUMMARY

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      Provides that a prisoner who is sentenced for a crime
17    committed while incarcerated in the state correctional
      system or a private correctional facility be required to
18    serve the sentence for that crime in the state
      correctional system or a private correctional facility,
19    regardless of the length of sentence imposed or the
      classification of the offense. Provides for sentencing
20    based on classification of the offense.

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CODING: Words stricken are deletions; words underlined are additions.