Florida Senate - 2010 CS for SB 1396 By the Committee on Criminal and Civil Justice Appropriations; and Senator Crist 604-03287-10 20101396c1 1 A bill to be entitled 2 An act relating to incentive gain-time; amending s. 3 944.275, F.S.; prohibiting an inmate from receiving 4 incentive gain-time credits for completing the 5 requirements for and receiving a general educational 6 development certificate or vocational certificate if 7 the inmate was convicted of a specified offense on or 8 after a specified date; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (4) of section 944.275, Florida 13 Statutes, is amended to read: 14 944.275 Gain-time.— 15 (4)(a) As a means of encouraging satisfactory behavior, the 16 department shall grant basic gain-time at the rate of 10 days 17 for each month of each sentence imposed on a prisoner, subject 18 to the following: 19 1. Portions of any sentences to be served concurrently 20 shall be treated as a single sentence when determining basic 21 gain-time. 22 2. Basic gain-time for a partial month shall be prorated on 23 the basis of a 30-day month. 24 3. When a prisoner receives a new maximum sentence 25 expiration date because of additional sentences imposed, basic 26 gain-time shall be granted for the amount of time the maximum 27 sentence expiration date was extended. 28 (b) For each month in which an inmate works diligently, 29 participates in training, uses time constructively, or otherwise 30 engages in positive activities, the department may grant 31 incentive gain-time in accordance with this paragraph. The rate 32 of incentive gain-time in effect on the date the inmate 33 committed the offense which resulted in his or her incarceration 34 shall be the inmate’s rate of eligibility to earn incentive 35 gain-time throughout the period of incarceration and shall not 36 be altered by a subsequent change in the severity level of the 37 offense for which the inmate was sentenced. 38 1. For sentences imposed for offenses committed prior to 39 January 1, 1994, up to 20 days of incentive gain-time may be 40 granted. If granted, such gain-time shall be credited and 41 applied monthly. 42 2. For sentences imposed for offenses committed on or after 43 January 1, 1994, and before October 1, 1995: 44 a. For offenses ranked in offense severity levels 1 through 45 7, under s. 921.0012 or s. 921.0013, up to 25 days of incentive 46 gain-time may be granted. If granted, such gain-time shall be 47 credited and applied monthly. 48 b. For offenses ranked in offense severity levels 8, 9, and 49 10, under s. 921.0012 or s. 921.0013, up to 20 days of incentive 50 gain-time may be granted. If granted, such gain-time shall be 51 credited and applied monthly. 52 3. For sentences imposed for offenses committed on or after 53 October 1, 1995, the department may grant up to 10 days per 54 month of incentive gain-time, except that no prisoner is 55 eligible to earn any type of gain-time in an amount that would 56 cause a sentence to expire, end, or terminate, or that would 57 result in a prisoner’s release, prior to serving a minimum of 85 58 percent of the sentence imposed. For purposes of this 59 subparagraph, credits awarded by the court for time physically 60 incarcerated shall be credited toward satisfaction of 85 percent 61 of the sentence imposed. Except as provided by this section, a 62 prisoner shall not accumulate further gain-time awards at any 63 point when the tentative release date is the same as that date 64 at which the prisoner will have served 85 percent of the 65 sentence imposed. State prisoners sentenced to life imprisonment 66 shall be incarcerated for the rest of their natural lives, 67 unless granted pardon or clemency. 68 (c) An inmate who performs some outstanding deed, such as 69 saving a life or assisting in recapturing an escaped inmate, or 70 who in some manner performs an outstanding service that would 71 merit the granting of additional deductions from the term of his 72 or her sentence may be granted meritorious gain-time of from 1 73 to 60 days. 74 (d) Notwithstanding subparagraphs (b)1. and 2., the 75 education program manager shall recommend, and the Department of 76 Corrections may grant, a one-time award of 60 additional days of 77 incentive gain-time to an inmate who is otherwise eligible and 78 who successfully completes requirements for and is awarded a 79 general educational development certificate or vocational 80 certificate. This incentive gain-time award may be granted to 81 reduce any sentence for an offense committed on or after October 82 1, 1995. However, this gain-time may not be granted to reduce 83 any sentence for an offense committed on or after October 1, 84 1995, if the inmate is, or has previously been, convicted of a 85 violation of s. 794.011, s. 794.05, s. 796.03, s. 796.035, s. 86 800.04, s. 825.1025, s. 827.03, s. 827.071, s. 847.0133, s. 87 847.0135, s. 847.0137, s. 847.0138, s. 847.0145, s. 985.701(1), 88 or a forcible felony offense that is specifically set forth in 89 s. 776.08, except burglary under s. 810.02(4). Under no 90 circumstances may an inmate receive more than 60 days for 91 educational attainment pursuant to this section. 92 Section 2. This act shall take effect July 1, 2010.