Florida Senate - 2020 SB 572 By Senator Brandes 24-00768A-20 2020572__ 1 A bill to be entitled 2 An act relating to extension of confinement; amending 3 s. 944.275, F.S.; specifying that an inmate is not 4 eligible to receive specified incentive gain-time if 5 such gain-time would result in the prisoner’s release 6 from the care, custody, supervision, or control of the 7 Department of Corrections; requiring that 8 participation in specified programs be credited toward 9 satisfaction of specified portions of a sentence; 10 amending s. 945.091, F.S.; authorizing the department 11 to extend the limits of confinement to allow an inmate 12 to participate in supervised community release, 13 subject to certain requirements, as prescribed by the 14 department by rule; providing that an inmate 15 participating in such supervised community release is 16 considered to be in the custody, care, supervision, 17 and control of the department; authorizing the 18 department to terminate the inmate’s supervised 19 community release under certain circumstances; 20 providing that an inmate participating in supervised 21 community release is eligible to earn or lose gain 22 time, subject to certain restrictions; prohibiting the 23 inmate from being counted in the population of the 24 prison system; prohibiting the inmate’s approved 25 community-based housing location from being counted in 26 the capacity figures for the prison system; reenacting 27 ss. 775.084(4)(k) and 921.002(1)(e), F.S., relating to 28 violent criminals and habitual offenders and the 29 Criminal Punishment Code, respectively, to incorporate 30 the amendment made to s. 944.275, F.S., in references 31 thereto; reenacting s. 946.503(2), F.S., relating to 32 the definition of the term “correctional work program” 33 to incorporate the amendment made to s. 945.091, F.S., 34 in a reference thereto; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Paragraph (f) of subsection (4) of section 39 944.275, Florida Statutes, is amended, and paragraph (b) of that 40 subsection is republished, to read: 41 944.275 Gain-time.— 42 (4) 43 (b) For each month in which an inmate works diligently, 44 participates in training, uses time constructively, or otherwise 45 engages in positive activities, the department may grant 46 incentive gain-time in accordance with this paragraph. The rate 47 of incentive gain-time in effect on the date the inmate 48 committed the offense which resulted in his or her incarceration 49 shall be the inmate’s rate of eligibility to earn incentive 50 gain-time throughout the period of incarceration and shall not 51 be altered by a subsequent change in the severity level of the 52 offense for which the inmate was sentenced. 53 1. For sentences imposed for offenses committed prior to 54 January 1, 1994, up to 20 days of incentive gain-time may be 55 granted. If granted, such gain-time shall be credited and 56 applied monthly. 57 2. For sentences imposed for offenses committed on or after 58 January 1, 1994, and before October 1, 1995: 59 a. For offenses ranked in offense severity levels 1 through 60 7, under former s. 921.0012 or former s. 921.0013, up to 25 days 61 of incentive gain-time may be granted. If granted, such gain 62 time shall be credited and applied monthly. 63 b. For offenses ranked in offense severity levels 8, 9, and 64 10, under former s. 921.0012 or former s. 921.0013, up to 20 65 days of incentive gain-time may be granted. If granted, such 66 gain-time shall be credited and applied monthly. 67 3. For sentences imposed for offenses committed on or after 68 October 1, 1995, the department may grant up to 10 days per 69 month of incentive gain-time. 70 (f) An inmate who is subject to subparagraph (b)3. is not 71 eligible to earn or receive gain-time under paragraph (a), 72 paragraph (b), paragraph (c), or paragraph (d) or any other type 73 of gain-time in an amount that would cause a sentence to expire, 74 end, or terminate, or that would result in a prisoner’s release 75 from the department’s care, custody, supervision, or control, 76 prior to serving a minimum of 85 percent of the sentence 77 imposed. For purposes of this paragraph, credits awarded by the 78 court for time physically incarcerated or time spent in the 79 department’s care, custody, supervision, or control through 80 participation in a program under s. 945.091 shall be credited 81 toward satisfaction of 85 percent of the sentence imposed. 82 Except as provided by this section, a prisoner may not 83 accumulate further gain-time awards at any point when the 84 tentative release date is the same as that date at which the 85 prisoner will have served 85 percent of the sentence imposed. 86 State prisoners sentenced to life imprisonment shall be 87 incarcerated for the rest of their natural lives, unless granted 88 pardon or clemency. 89 Section 2. Paragraph (d) is added to subsection (1) of 90 section 945.091, Florida Statutes, to read: 91 945.091 Extension of the limits of confinement; restitution 92 by employed inmates.— 93 (1) The department may adopt rules permitting the extension 94 of the limits of the place of confinement of an inmate as to 95 whom there is reasonable cause to believe that the inmate will 96 honor his or her trust by authorizing the inmate, under 97 prescribed conditions and following investigation and approval 98 by the secretary, or the secretary’s designee, who shall 99 maintain a written record of such action, to leave the confines 100 of that place unaccompanied by a custodial agent for a 101 prescribed period of time to: 102 (d) Participate in supervised community release as 103 prescribed by the department by rule. An inmate who has a 104 sentence of 2 years or more may begin participation in 105 supervised community release 365 days before his or her 106 provisional or tentative release date. The supervised community 107 release may include active electronic monitoring and community 108 control as defined in s. 948.001. An inmate participating in 109 such supervised community release is considered to be in the 110 custody, care, supervision, and control of the department for 111 purposes of ss. 921.002 and 944.275 and must be assigned to the 112 caseload of a community control officer. The department must 113 administer a risk assessment instrument to appropriately 114 determine an inmate’s ability to be released pursuant to this 115 paragraph. 116 1. If a participating inmate fails to comply with the 117 conditions prescribed in the department’s rule for supervised 118 community release, the department may terminate the inmate’s 119 supervised community release and return him or her to the same 120 or another institution designated by the department. A law 121 enforcement officer or a probation officer may arrest the inmate 122 without a warrant in accordance with s. 948.06, if there are 123 reasonable grounds to believe he or she has violated the terms 124 and conditions of supervised community release. The law 125 enforcement officer must report the inmate’s alleged violations 126 to the supervising probation office or the department’s 127 emergency action center for disposition of disciplinary charges 128 as prescribed by the department by rule. 129 2. An inmate participating in supervised community release 130 under this paragraph remains eligible to earn or lose gain-time 131 in accordance with s. 944.275 and department rule, but may not 132 receive gain-time or other sentence credit in an amount that 133 would cause his or her sentence to expire, end, or terminate, or 134 that would result in his or her release before serving a minimum 135 of 85 percent of the sentence imposed. The inmate may not be 136 counted in the population of the prison system, and the inmate’s 137 approved community-based housing location may not be counted in 138 the capacity figures for the prison system. 139 Section 3. For the purpose of incorporating the amendment 140 made by this act to section 944.275, Florida Statutes, in a 141 reference thereto, paragraph (k) of subsection (4) of section 142 775.084, Florida Statutes, is reenacted to read: 143 775.084 Violent career criminals; habitual felony offenders 144 and habitual violent felony offenders; three-time violent felony 145 offenders; definitions; procedure; enhanced penalties or 146 mandatory minimum prison terms.— 147 (4) 148 (k)1. A defendant sentenced under this section as a 149 habitual felony offender, a habitual violent felony offender, or 150 a violent career criminal is eligible for gain-time granted by 151 the Department of Corrections as provided in s. 944.275(4)(b). 152 2. For an offense committed on or after October 1, 1995, a 153 defendant sentenced under this section as a violent career 154 criminal is not eligible for any form of discretionary early 155 release, other than pardon or executive clemency, or conditional 156 medical release granted pursuant to s. 947.149. 157 3. For an offense committed on or after July 1, 1999, a 158 defendant sentenced under this section as a three-time violent 159 felony offender shall be released only by expiration of sentence 160 and shall not be eligible for parole, control release, or any 161 form of early release. 162 Section 4. For the purpose of incorporating the amendment 163 made by this act to section 944.275, Florida Statutes, in a 164 reference thereto, paragraph (e) of subsection (1) of section 165 921.002, Florida Statutes, is reenacted to read: 166 921.002 The Criminal Punishment Code.—The Criminal 167 Punishment Code shall apply to all felony offenses, except 168 capital felonies, committed on or after October 1, 1998. 169 (1) The provision of criminal penalties and of limitations 170 upon the application of such penalties is a matter of 171 predominantly substantive law and, as such, is a matter properly 172 addressed by the Legislature. The Legislature, in the exercise 173 of its authority and responsibility to establish sentencing 174 criteria, to provide for the imposition of criminal penalties, 175 and to make the best use of state prisons so that violent 176 criminal offenders are appropriately incarcerated, has 177 determined that it is in the best interest of the state to 178 develop, implement, and revise a sentencing policy. The Criminal 179 Punishment Code embodies the principles that: 180 (e) The sentence imposed by the sentencing judge reflects 181 the length of actual time to be served, shortened only by the 182 application of incentive and meritorious gain-time as provided 183 by law, and may not be shortened if the defendant would 184 consequently serve less than 85 percent of his or her term of 185 imprisonment as provided in s. 944.275(4). The provisions of 186 chapter 947, relating to parole, shall not apply to persons 187 sentenced under the Criminal Punishment Code. 188 Section 5. For the purpose of incorporating the amendment 189 made by this act to section 945.091, Florida Statutes, in a 190 reference thereto, subsection (2) of section 946.503, Florida 191 Statutes, is reenacted to read: 192 946.503 Definitions to be used with respect to correctional 193 work programs.—As used in this part, the term: 194 (2) “Correctional work program” means any program presently 195 a part of the prison industries program operated by the 196 department or any other correctional work program carried on at 197 any state correctional facility presently or in the future, but 198 the term does not include any program authorized by s. 945.091 199 or s. 946.40. 200 Section 6. This act shall take effect October 1, 2020.