Senate Bill sb0618

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    Florida Senate - 2003                                   SB 618

    By Senator Miller





    18-82-03

  1                      A bill to be entitled

  2         An act relating to gain-time awards for good

  3         conduct; amending s. 944.275, F.S.; increasing

  4         the amount of gain-time that the Department of

  5         Corrections may grant to certain prisoners;

  6         providing that such increase may not be granted

  7         to a prisoner convicted of committing a

  8         forcible felony; amending s. 921.002, F.S.,

  9         relating to the Criminal Punishment Code;

10         conforming provisions to changes made by the

11         act; providing an effective date.

12  

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

14  

15         Section 1.  Subsection (4) of section 944.275, Florida

16  Statutes, is amended to read:

17         944.275  Gain-time.--

18         (4)(a)  As a means of encouraging satisfactory

19  behavior, the department shall grant basic gain-time at the

20  rate of 10 days for each month of each sentence imposed on a

21  prisoner, subject to the following:

22         1.  Portions of any sentences to be served concurrently

23  shall be treated as a single sentence when determining basic

24  gain-time.

25         2.  Basic gain-time for a partial month shall be

26  prorated on the basis of a 30-day month.

27         3.  When a prisoner receives a new maximum sentence

28  expiration date because of additional sentences imposed, basic

29  gain-time shall be granted for the amount of time the maximum

30  sentence expiration date was extended.

31  

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    Florida Senate - 2003                                   SB 618
    18-82-03




 1         (b)  For each month in which an inmate works

 2  diligently, participates in training, uses time

 3  constructively, or otherwise engages in positive activities,

 4  the department may grant incentive gain-time in accordance

 5  with this paragraph. The rate of incentive gain-time in effect

 6  on the date the inmate committed the offense which resulted in

 7  his or her incarceration shall be the inmate's rate of

 8  eligibility to earn incentive gain-time throughout the period

 9  of incarceration and shall not be altered by a subsequent

10  change in the severity level of the offense for which the

11  inmate was sentenced.

12         1.  For sentences imposed for offenses committed prior

13  to January 1, 1994, up to 20 days of incentive gain-time may

14  be granted.  If granted, such gain-time shall be credited and

15  applied monthly.

16         2.  For sentences imposed for offenses committed on or

17  after January 1, 1994, and before October 1, 1995:

18         a.  For offenses ranked in offense severity levels 1

19  through 7, under s. 921.0012 or s. 921.0013, up to 25 days of

20  incentive gain-time may be granted.  If granted, such

21  gain-time shall be credited and applied monthly.

22         b.  For offenses ranked in offense severity levels 8,

23  9, and 10, under s. 921.0012 or s. 921.0013, up to 20 days of

24  incentive gain-time may be granted.  If granted, such

25  gain-time shall be credited and applied monthly.

26         3.  For sentences imposed for offenses committed on or

27  after October 1, 1995, the department may grant up to 10 days

28  per month of incentive gain-time, except that: no

29         a.  A prisoner is ineligible eligible to earn any type

30  of gain-time in an amount that would cause a sentence to

31  expire, end, or terminate, or that would result in the a

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    Florida Senate - 2003                                   SB 618
    18-82-03




 1  prisoner's release, prior to serving a minimum of 65 85

 2  percent of the sentence imposed. For purposes of this

 3  sub-subparagraph subparagraph, credits awarded by the court

 4  for time physically incarcerated shall be credited toward

 5  satisfaction of 65 85 percent of the sentence imposed. Except

 6  as provided by this section, a prisoner may shall not

 7  accumulate further gain-time awards at any point when the

 8  tentative release date is the same as that date at which the

 9  prisoner will have served 65 85 percent of the sentence

10  imposed.

11         b.  A prisoner who is serving a sentence for conviction

12  of a forcible felony as defined in s. 776.08 is ineligible to

13  earn any type of gain-time in an amount that would cause the

14  sentence to expire, end, or terminate, or that would result in

15  the prisoner's release, prior to serving a minimum of 85

16  percent of the sentence imposed. For purposes of this

17  sub-subparagraph, credits awarded by the court for time

18  physically incarcerated shall be credited toward satisfaction

19  of 85 percent of the sentence imposed. Except as provided by

20  this section, a prisoner who is serving a sentence for

21  conviction of a forcible felony as defined in s. 776.08 may

22  not accumulate additional gain-time awards at any point if the

23  tentative release date is the same as that date at which the

24  prisoner will have served 85 percent of the sentence imposed.

25         c.  State prisoners sentenced to life imprisonment

26  shall be incarcerated for the rest of their natural lives,

27  unless granted pardon or clemency.

28         (c)  An inmate who performs some outstanding deed, such

29  as saving a life or assisting in recapturing an escaped

30  inmate, or who in some manner performs an outstanding service

31  that would merit the granting of additional deductions from

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    Florida Senate - 2003                                   SB 618
    18-82-03




 1  the term of his or her sentence may be granted meritorious

 2  gain-time of from 1 to 60 days.

 3         (d)  Notwithstanding subparagraphs (b)1. and 2., the

 4  education program manager shall recommend, and the Department

 5  of Corrections may grant, a one-time award of 60 additional

 6  days of incentive gain-time to an inmate who is otherwise

 7  eligible and who successfully completes requirements for and

 8  is awarded a general educational development certificate or

 9  vocational certificate. Under no circumstances may an inmate

10  receive more than 60 days for educational attainment pursuant

11  to this section.

12         Section 2.  Paragraph (e) of subsection (1) of section

13  921.002, Florida Statutes, is amended to read:

14         921.002  The Criminal Punishment Code.--The Criminal

15  Punishment Code shall apply to all felony offenses, except

16  capital felonies, committed on or after October 1, 1998.

17         (1)  The provision of criminal penalties and of

18  limitations upon the application of such penalties is a matter

19  of predominantly substantive law and, as such, is a matter

20  properly addressed by the Legislature.  The Legislature, in

21  the exercise of its authority and responsibility to establish

22  sentencing criteria, to provide for the imposition of criminal

23  penalties, and to make the best use of state prisons so that

24  violent criminal offenders are appropriately incarcerated, has

25  determined that it is in the best interest of the state to

26  develop, implement, and revise a sentencing policy. The

27  Criminal Punishment Code embodies the principles that:

28         (e)  The sentence imposed by the sentencing judge

29  reflects the length of actual time to be served, shortened

30  only by the application of incentive and meritorious gain-time

31  as provided by law, and may not be shortened if the defendant

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    Florida Senate - 2003                                   SB 618
    18-82-03




 1  would consequently serve less than 65 percent or 85 percent,

 2  as applicable, of his or her term of imprisonment as provided

 3  in s. 944.275(4)(b)3. The provisions of chapter 947, relating

 4  to parole, shall not apply to persons sentenced under the

 5  Criminal Punishment Code.

 6         Section 3.  This act shall take effect October 1, 2003.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Increases the amount of incentive gain-time that the
      Department of Corrections may award so that certain
11    prisoners are required to serve at least 65 percent
      rather than 85 percent of the sentence imposed. Continues
12    the requirement that a prisoner serve at least 85 percent
      of the sentence imposed if the prisoner was convicted of
13    a forcible felony.

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