Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 642
       
       
       
       
       
       
                                Ì588958oÎ588958                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/30/2019 04:38 PM       .                                
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       Senator Book moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 4224 - 4285
    4  and insert:
    5         Section 60. Paragraphs (b), (e), and (f) of subsection (4)
    6  of section 944.275, Florida Statutes, are 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 that which resulted in his or her
   15  incarceration shall be the inmate’s rate of eligibility to earn
   16  incentive gain-time throughout the period of incarceration and
   17  may shall not be altered by a subsequent change in the severity
   18  level of the offense for which the inmate was sentenced.
   19         1. For sentences imposed for offenses committed before
   20  prior to January 1, 1994, up to 20 days of incentive gain-time
   21  may be 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 former s. 921.0012 or former s. 921.0013, up to 25 days
   27  of incentive gain-time may be granted. If granted, such gain
   28  time shall be credited and applied monthly.
   29         b. For offenses ranked in offense severity levels 8, 9, and
   30  10, under former s. 921.0012 or former s. 921.0013, up to 20
   31  days of incentive gain-time may be granted. If granted, such
   32  gain-time shall be credited and applied monthly.
   33         3. For sentences imposed for offenses committed on or after
   34  October 1, 1995, and retroactive to October 1, 1995, the
   35  department may grant up to 20 10 days per month of incentive
   36  gain-time except that:
   37         a.If the offense is a nonviolent felony, as defined in s.
   38  948.08(6), excluding any offenses listed in s. 847.011, 787.06,
   39  787.02, and 827.071, the prisoner is not eligible to earn any
   40  type of gain-time in an amount that would cause a sentence to
   41  expire, end, or terminate, or that would result in a prisoner’s
   42  release, before he or she serves a minimum of 65 percent of the
   43  sentence imposed. For purposes of this sub-subparagraph, credits
   44  awarded by the court for time physically incarcerated must be
   45  credited toward satisfaction of 65 percent of the sentence
   46  imposed. A prisoner who is granted incentive gain-time pursuant
   47  to this sub-subparagraph may not accumulate further gain-time
   48  awards at any point when the tentative release date is the same
   49  as that date at which the prisoner will have served 65 percent
   50  of the sentence imposed. State prisoners sentenced to life
   51  imprisonment must be incarcerated for the rest of their natural
   52  lives, unless granted pardon or clemency.
   53         b.If the offense is not a nonviolent felony, as defined in
   54  s. 948.08(6), or is an offense listed in s. 847.011, 787.06,
   55  787.02, or 827.071, the prisoner is not eligible to earn any
   56  type of gain-time in an amount that would cause a sentence to
   57  expire, end, or terminate, or that would result in a prisoner’s
   58  release, before he or she serves a minimum of 85 percent of the
   59  sentence imposed. For purposes of this sub-subparagraph, credits
   60  awarded by the court for time physically incarcerated must be
   61  credited toward satisfaction of 85 percent of the sentence
   62  imposed. A prisoner who is granted incentive gain-time pursuant
   63  to this sub-subparagraph may not accumulate further gain-time
   64  awards at any point when the tentative release date is the same
   65  as that date at which the prisoner will have served 85 percent
   66  of the sentence imposed. State prisoners sentenced to life
   67  imprisonment must be incarcerated for the rest of their natural
   68  lives, unless granted pardon or clemency.
   69  	(e) Notwithstanding subparagraph (b)3. for sentences
   70  imposed for offenses described in s. 943.0435 committed on or
   71  after October 1, 2014, the department may not grant incentive
   72  gain-time if the offense is a violation of s. 782.04(1)(a)2.c.;
   73  s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011,
   74  excluding s. 794.011(10); s. 800.04; s. 825.1025; or
   75  847.0135(5).
   76  
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete line 374
   80  and insert:
   81         after a specified date; prohibiting specified persons
   82         from eligibility for incentive gain time; amending s.
   83         944.47, F.S.;