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.