Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 1334 Barcode 803808 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/28/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Dockery) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 773 and 774 4 insert: 5 Section 3. Paragraph (b) of subsection (4) of section 6 944.275, Florida Statutes, is amended to read: 7 944.275 Gain-time.— 8 (4) 9 (b) For each month in which an inmate works diligently, 10 participates in training, uses time constructively, or otherwise 11 engages in positive activities, the department may grant 12 incentive gain-time in accordance with this paragraph. The rate 13 of incentive gain-time in effect on the date the inmate 14 committed the offense which resulted in his or her incarceration 15 shall be the inmate’s rate of eligibility to earn incentive 16 gain-time throughout the period of incarceration and shall not 17 be altered by a subsequent change in the severity level of the 18 offense for which the inmate was sentenced. 19 1. For sentences imposed for offenses committed prior to 20 January 1, 1994, up to 20 days of incentive gain-time may be 21 granted. If granted, such gain-time shall be credited and 22 applied monthly. 23 2. For sentences imposed for offenses committed on or after 24 January 1, 1994, and before October 1, 1995: 25 a. For offenses ranked in offense severity levels 1 through 26 7, under s. 921.0012 or s. 921.0013, up to 25 days of incentive 27 gain-time may be granted. If granted, such gain-time shall be 28 credited and applied monthly. 29 b. For offenses ranked in offense severity levels 8, 9, and 30 10, under s. 921.0012 or s. 921.0013, up to 20 days of incentive 31 gain-time may be granted. If granted, such gain-time shall be 32 credited and applied monthly. 33 3. For sentences imposed for offenses committed on or after 34 October 1, 1995, the department may grant up to 10 days per 35 month of incentive gain-time, except that no prisoner is 36 eligible to earn any type of gain-time in an amount that would 37 cause a sentence to expire, end, or terminate, or that would 38 result in a prisoner’s release, prior to serving a minimum of 85 39 percent of the sentence imposed. For purposes of this 40 subparagraph, credits awarded by the court for time physically 41 incarcerated shall be credited toward satisfaction of 85 percent 42 of the sentence imposed. Except as provided by this section, a 43 prisoner shall not accumulate further gain-time awards at any 44 point when the tentative release date is the same as that date 45 at which the prisoner will have served 85 percent of the 46 sentence imposed. State prisoners sentenced to life imprisonment 47 shall be incarcerated for the rest of their natural lives, 48 unless granted pardon or clemency. 49 4. For sentences imposed for offenses committed on or after 50 October 1, 2011, the department may grant up to 10 days per 51 month of incentive gain-time, except that a prisoner is not 52 eligible to earn gain-time in an amount that would cause a 53 sentence to expire, end, or terminate, or would result in a 54 prisoner’s release, before serving the following minimum 55 percentage of sentence imposed: 56 a. Ninety-two percent of the sentenced imposed for a 57 prisoner sentenced for committing a violent offense and who has 58 one or more prior felony convictions. 59 b. Eighty-seven percent of the sentenced imposed for a 60 prisoner sentenced for committing a violent offense and who has 61 no prior felony convictions. 62 c. Eighty-five percent of the sentenced imposed for a 63 prisoner sentenced for committing a nonviolent offense and who 64 has one or more prior felony convictions. 65 d. Sixty-five percent of the sentenced imposed for a 66 prisoner sentenced for committing a nonviolent offense and who 67 has no prior felony convictions. 68 69 For the purposes of this subparagraph, the term “violent 70 offense” has the same meaning as the term “forcible felony” as 71 defined in s. 776.08. 72 Section 4. For the purpose of incorporating the amendment 73 made by this act to section 944.275, Florida Statutes, in a 74 reference thereto, paragraph (k) of subsection (4) of section 75 775.084, Florida Statutes, is reenacted to read: 76 775.084 Violent career criminals; habitual felony offenders 77 and habitual violent felony offenders; three-time violent felony 78 offenders; definitions; procedure; enhanced penalties or 79 mandatory minimum prison terms.— 80 (4) 81 (k)1. A defendant sentenced under this section as a 82 habitual felony offender, a habitual violent felony offender, or 83 a violent career criminal is eligible for gain-time granted by 84 the Department of Corrections as provided in s. 944.275(4)(b). 85 2. For an offense committed on or after October 1, 1995, a 86 defendant sentenced under this section as a violent career 87 criminal is not eligible for any form of discretionary early 88 release, other than pardon or executive clemency, or conditional 89 medical release granted pursuant to s. 947.149. 90 3. For an offense committed on or after July 1, 1999, a 91 defendant sentenced under this section as a three-time violent 92 felony offender shall be released only by expiration of sentence 93 and shall not be eligible for parole, control release, or any 94 form of early release. 95 96 ================= T I T L E A M E N D M E N T ================ 97 And the title is amended as follows: 98 99 Delete line 76 100 and insert: 101 102 amending s. 944.275, F.S.; authorizing the Department 103 of Corrections to grant up to 10 days per month of 104 incentive gain-time applicable to sentences imposed 105 for offenses committed on or after a specified date; 106 providing an exception under certain circumstances; 107 reenacting s. 775.084(4)(k), F.S., relating to violent 108 career criminals, to incorporate the amendment made to 109 s. 944.275, F.S., in a reference thereto; providing an 110 effective date.