HB 1191 2003
1	A bill to be entitled
2	An act relating to gain-time awards for good conduct;
3	amending s. 944.275, F.S.; increasing the amount of gain-
4	time that the Department of Corrections may grant to
5	certain prisoners; providing that such increase may not be
6	granted to a prisoner convicted of committing a forcible
7	felony; amending s. 921.002, F.S., relating to the
8	Criminal Punishment Code; conforming provisions to changes
9	made by the act; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Subsection (4) of section 944.275, Florida
14	Statutes, is amended to read:
15	944.275 Gain-time.--
16	(4)(a) As a means of encouraging satisfactory behavior,
17	the department shall grant basic gain-time at the rate of 10
18	days for each month of each sentence imposed on a prisoner,
19	subject to the following:
20	1. Portions of any sentences to be served concurrently
21	shall be treated as a single sentence when determining basic
22	gain-time.
23	2. Basic gain-time for a partial month shall be prorated
24	on the basis of a 30-day month.
25	3. When a prisoner receives a new maximum sentence
26	expiration date because of additional sentences imposed, basic
27	gain-time shall be granted for the amount of time the maximum
28	sentence expiration date was extended.
29	(b) For each month in which an inmate works diligently,
30	participates in training, uses time constructively, or otherwise
31	engages in positive activities, the department may grant
32	incentive gain-time in accordance with this paragraph. The rate
33	of incentive gain-time in effect on the date the inmate
34	committed the offense which resulted in his or her incarceration
35	shall be the inmate's rate of eligibility to earn incentive
36	gain-time throughout the period of incarceration and shall not
37	be altered by a subsequent change in the severity level of the
38	offense for which the inmate was sentenced.
39	1. For sentences imposed for offenses committed prior to
40	January 1, 1994, up to 20 days of incentive gain-time may be
41	granted. If granted, such gain-time shall be credited and
42	applied monthly.
43	2. For sentences imposed for offenses committed on or
44	after January 1, 1994, and before October 1, 1995:
45	a. For offenses ranked in offense severity levels 1
46	through 7, under s. 921.0012 or s. 921.0013, up to 25 days of
47	incentive gain-time may be granted. If granted, such gain-time
48	shall be credited and applied monthly.
49	b. For offenses ranked in offense severity levels 8, 9,
50	and 10, under s. 921.0012 or s. 921.0013, up to 20 days of
51	incentive gain-time may be granted. If granted, such gain-time
52	shall be credited and applied monthly.
53	3. For sentences imposed for offenses committed on or
54	after October 1, 1995, the department may grant up to 10 days
55	per month of incentive gain-time, except that:
56	a. Ano prisoner is ineligibleeligibleto earn any type
57	of gain-time in an amount that would cause a sentence to expire,
58	end, or terminate, or that would result in theaprisoner's
59	release, prior to serving a minimum of 6585percent of the
60	sentence imposed. For purposes of this sub-subparagraph
61	subparagraph, credits awarded by the court for time physically
62	incarcerated shall be credited toward satisfaction of 6585
63	percent of the sentence imposed. Except as provided by this
64	section, a prisoner mayshallnot accumulate further gain-time
65	awards at any point when the tentative release date is the same
66	as that date at which the prisoner will have served 6585
67	percent of the sentence imposed.
68	b. A prisoner who is serving a sentence for conviction of
69	a forcible felony as defined in s. 776.08 is ineligible to earn
70	any type of gain-time in an amount that would cause the sentence
71	to expire, end, or terminate, or that would result in the
72	prisoner's release, prior to serving a minimum of 85 percent of
73	the sentence imposed. For purposes of this sub-subparagraph,
74	credits awarded by the court for time physically incarcerated
75	shall be credited toward satisfaction of 85 percent of the
76	sentence imposed. Except as provided by this section, a prisoner
77	who is serving a sentence for conviction of a forcible felony as
78	defined in s. 776.08 may not accumulate additional gain-time
79	awards at any point if the tentative release date is the same as
80	that date at which the prisoner will have served 85 percent of
81	the sentence imposed.
82	c.State prisoners sentenced to life imprisonment shall be
83	incarcerated for the rest of their natural lives, unless granted
84	pardon or clemency.
85	(c) An inmate who performs some outstanding deed, such as
86	saving a life or assisting in recapturing an escaped inmate, or
87	who in some manner performs an outstanding service that would
88	merit the granting of additional deductions from the term of his
89	or her sentence may be granted meritorious gain-time of from 1
90	to 60 days.
91	(d) Notwithstanding subparagraphs (b)1. and 2., the
92	education program manager shall recommend, and the Department of
93	Corrections may grant, a one-time award of 60 additional days of
94	incentive gain-time to an inmate who is otherwise eligible and
95	who successfully completes requirements for and is awarded a
96	general educational development certificate or vocational
97	certificate. Under no circumstances may an inmate receive more
98	than 60 days for educational attainment pursuant to this
99	section.
100	Section 2. Paragraph (e) of subsection (1) of section
101	921.002, Florida Statutes, is amended to read:
102	921.002 The Criminal Punishment Code.--The Criminal
103	Punishment Code shall apply to all felony offenses, except
104	capital felonies, committed on or after October 1, 1998.
105	(1) The provision of criminal penalties and of limitations
106	upon the application of such penalties is a matter of
107	predominantly substantive law and, as such, is a matter properly
108	addressed by the Legislature. The Legislature, in the exercise
109	of its authority and responsibility to establish sentencing
110	criteria, to provide for the imposition of criminal penalties,
111	and to make the best use of state prisons so that violent
112	criminal offenders are appropriately incarcerated, has
113	determined that it is in the best interest of the state to
114	develop, implement, and revise a sentencing policy. The Criminal
115	Punishment Code embodies the principles that:
116	(e) The sentence imposed by the sentencing judge reflects
117	the length of actual time to be served, shortened only by the
118	application of incentive and meritorious gain-time as provided
119	by law, and may not be shortened if the defendant would
120	consequently serve less than 65 percent or 85 percent, as
121	applicable,of his or her term of imprisonment as provided in s.
122	944.275(4)(b)3. The provisions of chapter 947, relating to
123	parole, shall not apply to persons sentenced under the Criminal
124	Punishment Code.
125	Section 3. This act shall take effect October 1, 2003.