Florida Senate - 2017                                     SB 462
       
       
        
       By Senator Book
       
       32-00302-17                                            2017462__
    1                        A bill to be entitled                      
    2         An act relating to sentencing; amending s. 775.082,
    3         F.S.; prohibiting a sentencing court from crediting a
    4         defendant for the length of time he or she is
    5         determined to have malingered or feigned an illness;
    6         amending s. 921.161, F.S.; providing an exception to
    7         the requirement that a sentencing court allow a
    8         defendant credit for a specified time served;
    9         reenacting ss. 907.041(4)(j), 947.146(6), and
   10         947.16(2)(g), F.S., relating to pretrial detention and
   11         release, the Control Release Authority, and
   12         determining eligibility for parole interview and
   13         release, respectively, to incorporate the amendment
   14         made to s. 921.161, F.S., in references thereto;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Present subsection (11) of section 775.082,
   20  Florida Statutes, is renumbered as subsection (12), and a new
   21  subsection (11) is added to that section, to read:
   22         775.082 Penalties; applicability of sentencing structures;
   23  mandatory minimum sentences for certain reoffenders previously
   24  released from prison.—
   25         (11) If a psychologist or a psychiatrist determines that a
   26  person who is under civil or criminal arrest and in the lawful
   27  custody of a law enforcement official or that a person who is
   28  committed to or detained in a municipal or county jail or state
   29  prison, prison farm, or penitentiary, or to the custody of the
   30  department, pursuant to lawful authority, is knowingly
   31  malingering or feigning an illness and a judge concurs with the
   32  psychologist’s or psychiatrist’s determination, the court may
   33  not allow such person credit for the length of time the person
   34  is determined to have malingered or feigned the illness.
   35         Section 2. Subsection (1) of section 921.161, Florida
   36  Statutes, is amended to read:
   37         921.161 Sentence not to run until imposed; credit for
   38  county jail time after sentence; certificate of custodian of
   39  jail.—
   40         (1) A sentence of imprisonment shall not begin to run
   41  before the date it is imposed, but the court imposing a sentence
   42  shall allow a defendant credit for all of the time she or he
   43  spent in the county jail before sentence, except as provided in
   44  s. 775.082(11). The credit must be for a specified period of
   45  time and shall be provided for in the sentence.
   46         Section 3. For the purpose of incorporating the amendment
   47  made by this act to section 921.161, Florida Statutes, in a
   48  reference thereto, paragraph (j) of subsection (4) of section
   49  907.041, Florida Statutes, is reenacted to read:
   50         907.041 Pretrial detention and release.—
   51         (4) PRETRIAL DETENTION.—
   52         (j) A defendant convicted at trial following the issuance
   53  of a pretrial detention order shall have credited to his or her
   54  sentence, if imprisonment is imposed, the time the defendant was
   55  held under the order, pursuant to s. 921.161.
   56         Section 4. For the purpose of incorporating the amendment
   57  made by this act to section 921.161, Florida Statutes, in a
   58  reference thereto, subsection (6) of section 947.146, Florida
   59  Statutes, is reenacted to read:
   60         947.146 Control Release Authority.—
   61         (6) For purpose of determining eligibility for control
   62  release, the mandatory minimum portion of a concurrent sentence
   63  will begin on the date the sentence begins to run as provided in
   64  s. 921.161. The mandatory minimum portions of consecutive
   65  sentences shall be served at the beginning of the maximum
   66  sentence as established by the Department of Corrections. With
   67  respect to offenders who have more than one sentence with a
   68  mandatory minimum portion, each mandatory minimum portion of
   69  consecutive sentences shall be served consecutively; provided,
   70  that in no case shall a sentence begin to run before the date of
   71  imposition of that sentence.
   72         Section 5. For the purpose of incorporating the amendment
   73  made by this act to section 921.161, Florida Statutes, in a
   74  reference thereto, paragraph (g) of subsection (2) of section
   75  947.16, Florida Statutes, is reenacted to read:
   76         947.16 Eligibility for parole; initial parole interviews;
   77  powers and duties of commission.—
   78         (2) The following special types of cases shall have their
   79  initial parole interview as follows:
   80         (g) For purposes of determining eligibility for parole
   81  interview and release, the mandatory minimum portion of a
   82  concurrent sentence will begin on the date the sentence begins
   83  to run as provided in s. 921.161. The mandatory minimum portions
   84  of consecutive sentences shall be served at the beginning of the
   85  maximum sentence as established by the Department of
   86  Corrections. Each mandatory minimum portion of consecutive
   87  sentences shall be served consecutively; provided, that in no
   88  case shall a sentence begin to run before the date of
   89  imposition. The commission shall conduct an initial interview
   90  for an inmate serving a mandatory minimum sentence according to
   91  the following schedule:
   92         1. An inmate serving a mandatory term of 7 years or less
   93  shall have an initial interview no sooner than 6 months prior to
   94  the expiration of the mandatory minimum portion of the sentence.
   95         2. An inmate serving a mandatory term in excess of 7 years
   96  but of less than 15 years shall have an initial interview no
   97  sooner than 12 months prior to the expiration of the mandatory
   98  minimum portion of the sentence.
   99         3. An inmate serving a mandatory term of 15 years or more
  100  shall have an initial interview no sooner than 18 months prior
  101  to the expiration of the mandatory minimum portion of the
  102  sentence.
  103         Section 6. This act shall take effect July 1, 2017.