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.