Florida Senate - 2019                                    SB 1212
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00424-19                                           20191212__
    1                        A bill to be entitled                      
    2         An act relating to gain-time; amending s. 921.002,
    3         F.S.; revising a principle of the Criminal Punishment
    4         Code relating to a prisoner’s required minimum term of
    5         imprisonment; amending s. 944.275, F.S.; revising the
    6         incentive gain-time that the Department of Corrections
    7         may grant a prisoner for offenses committed on or
    8         after a specified date; providing exceptions; revising
    9         the conditions under which an inmate may be granted a
   10         one-time award of 60 additional days of incentive
   11         gain-time by the department; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (e) of subsection (1) of section
   17  921.002, Florida Statutes, is amended to read:
   18         921.002 The Criminal Punishment Code.—The Criminal
   19  Punishment Code shall apply to all felony offenses, except
   20  capital felonies, committed on or after October 1, 1998.
   21         (1) The provision of criminal penalties and of limitations
   22  upon the application of such penalties is a matter of
   23  predominantly substantive law and, as such, is a matter properly
   24  addressed by the Legislature. The Legislature, in the exercise
   25  of its authority and responsibility to establish sentencing
   26  criteria, to provide for the imposition of criminal penalties,
   27  and to make the best use of state prisons so that violent
   28  criminal offenders are appropriately incarcerated, has
   29  determined that it is in the best interest of the state to
   30  develop, implement, and revise a sentencing policy. The Criminal
   31  Punishment Code embodies the principles that:
   32         (e) The sentence imposed by the sentencing judge reflects
   33  the length of actual time to be served, shortened only by the
   34  application of incentive and meritorious gain-time as provided
   35  by law, and may not be shortened if the defendant would
   36  consequently serve less than 65 percent of his or her term of
   37  imprisonment as provided in s. 944.275(4)(b)4.a. or 85 percent
   38  of his or her term of imprisonment as provided in s. 944.275(4)
   39  or s. 944.275(4)(b)4.b. The provisions of chapter 947, relating
   40  to parole, shall not apply to persons sentenced under the
   41  Criminal Punishment Code.
   42         Section 2. Paragraphs (b), (d), and (f) of subsection (4)
   43  of section 944.275, Florida Statutes, are amended to read:
   44         944.275 Gain-time.—
   45         (4)
   46         (b) For each month in which an inmate works diligently,
   47  participates in training, uses time constructively, or otherwise
   48  engages in positive activities, the department may grant
   49  incentive gain-time in accordance with this paragraph. The rate
   50  of incentive gain-time in effect on the date the inmate
   51  committed the offense that which resulted in his or her
   52  incarceration shall be the inmate’s rate of eligibility to earn
   53  incentive gain-time throughout the period of incarceration and
   54  may shall not be altered by a subsequent change in the severity
   55  level of the offense for which the inmate was sentenced.
   56         1. For sentences imposed for offenses committed before
   57  prior to January 1, 1994, up to 20 days of incentive gain-time
   58  may be granted. If granted, such gain-time shall be credited and
   59  applied monthly.
   60         2. For sentences imposed for offenses committed on or after
   61  January 1, 1994, and before October 1, 1995:
   62         a. For offenses ranked in offense severity levels 1 through
   63  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
   64  of incentive gain-time may be granted. If granted, such gain
   65  time shall be credited and applied monthly.
   66         b. For offenses ranked in offense severity levels 8, 9, and
   67  10, under former s. 921.0012 or former s. 921.0013, up to 20
   68  days of incentive gain-time may be granted. If granted, such
   69  gain-time shall be credited and applied monthly.
   70         3. For sentences imposed for offenses committed on or after
   71  October 1, 1995, and before July 1, 2019, the department may
   72  grant up to 10 days per month of incentive gain-time.
   73         4. For sentences imposed for offenses committed on or after
   74  July 1, 2019, the department may grant up to 20 days per month
   75  of incentive gain-time, except that:
   76         a.If the offense is a nonviolent felony, as defined in s.
   77  948.08(6), the prisoner is not eligible to earn any type of
   78  gain-time in an amount that would cause a sentence to expire,
   79  end, or terminate, or that would result in a prisoner’s release,
   80  before he or she serves a minimum of 65 percent of the sentence
   81  imposed. For purposes of this sub-subparagraph, credits awarded
   82  by the court for time physically incarcerated must be credited
   83  toward satisfaction of 65 percent of the sentence imposed. A
   84  prisoner who is granted incentive gain-time pursuant to this
   85  sub-subparagraph may not accumulate further gain-time awards at
   86  any point when the tentative release date is the same as that
   87  date at which the prisoner will have served 65 percent of the
   88  sentence imposed. State prisoners sentenced to life imprisonment
   89  must be incarcerated for the rest of their natural lives, unless
   90  granted pardon or clemency.
   91         b.If the offense is not a nonviolent felony, as defined in
   92  s. 948.08(6), the prisoner is not eligible to earn any type of
   93  gain-time in an amount that would cause a sentence to expire,
   94  end, or terminate, or that would result in a prisoner’s release,
   95  before he or she serves a minimum of 85 percent of the sentence
   96  imposed. For purposes of this sub-subparagraph, credits awarded
   97  by the court for time physically incarcerated must be credited
   98  toward satisfaction of 85 percent of the sentence imposed. A
   99  prisoner who is granted incentive gain-time pursuant to this
  100  sub-subparagraph may not accumulate further gain-time awards at
  101  any point when the tentative release date is the same as that
  102  date at which the prisoner will have served 85 percent of the
  103  sentence imposed. State prisoners sentenced to life imprisonment
  104  must be incarcerated for the rest of their natural lives, unless
  105  granted pardon or clemency.
  106         (d) Notwithstanding the monthly maximum awards of incentive
  107  gain-time under subparagraphs (b)1.-4. subparagraphs (b)1., 2.,
  108  and 3., the education program manager shall recommend, and the
  109  Department of Corrections may grant, a one-time award of 60
  110  additional days of incentive gain-time to an inmate who is
  111  otherwise eligible and who successfully completes requirements
  112  for and is, or has been during the current commitment, awarded a
  113  high school equivalency diploma or vocational certificate. Under
  114  no circumstances may an inmate receive more than 60 days for
  115  educational attainment pursuant to this section.
  116         (f) An inmate who is subject to subparagraph (b)3. is not
  117  eligible to earn or receive gain-time under paragraph (a),
  118  paragraph (b), paragraph (c), or paragraph (d) or any other type
  119  of gain-time in an amount that would cause a sentence to expire,
  120  end, or terminate, or that would result in a prisoner’s release,
  121  before prior to serving a minimum of 85 percent of the sentence
  122  imposed. For purposes of this paragraph, credits awarded by the
  123  court for time physically incarcerated shall be credited toward
  124  satisfaction of 85 percent of the sentence imposed. Except as
  125  provided by this section, a prisoner may not accumulate further
  126  gain-time awards at any point when the tentative release date is
  127  the same as that date at which the prisoner will have served 85
  128  percent of the sentence imposed. State prisoners sentenced to
  129  life imprisonment shall be incarcerated for the rest of their
  130  natural lives, unless granted pardon or clemency.
  131         Section 3. This act shall take effect July 1, 2019.