Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1908
       
       
       
       
       
       
                                Ì210990*Î210990                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/16/2021           .                                
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       The Committee on Criminal Justice (Pizzo) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 32 - 49
    4  and insert:
    5         (1) As used in this section, the term “violent felony”
    6  means the commission of, an attempt to commit, or a conspiracy
    7  to commit any offense enumerated in s. 775.084(1)(c)1., s.
    8  827.03, 827.071, or 827.10.
    9         (2) A prisoner sentenced to a state correctional
   10  institution who is a pregnant prisoner as defined in s. 944.241
   11  or who is the mother of a child 3 years of age or younger at the
   12  time the offense or offenses were committed is eligible to earn
   13  or receive gain-time under s. 944.275 in an amount that would
   14  cause the sentence to expire, end, or terminate, or that would
   15  result in the prisoner’s release, after serving 65 percent of
   16  the sentence imposed if:
   17         (a) No offense for which the prisoner was convicted is a
   18  violent felony;
   19         (b) The prisoner has demonstrated good behavior while
   20  incarcerated; and
   21         (c) The prisoner has completed at least one educational or
   22  rehabilitative program while incarcerated, if such education or
   23  rehabilitative program was available. However, if the prisoner's
   24  participation in an educational or rehabilitative program is due
   25  to a reason other than the prisoner's voluntary termination or
   26  expulsion from the program for cause, the prisoner's
   27  participation in the program shall be considered as completion
   28  of the program for purposes of this paragraph.
   29         (3) A pregnant prisoner or a prisoner who is the mother of
   30  a child 3 years of age or younger at the time the offense or
   31  offenses were committed becomes ineligible for release under
   32  this section if the qualifying pregnancy is subsequently
   33  terminated prior to the birth of an infant, or the woman is no
   34  longer the legal parent of a qualifying child due to an adoption
   35  under chapter 63 or termination of parental rights under chapter
   36  39, or similar proceedings in another jurisdiction.
   37  
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40  And the title is amended as follows:
   41         Delete line 10
   42  and insert:
   43         serving 65 percent of the sentence imposed; providing
   44         that a pregnant prisoner or a prisoner who is the
   45         mother of a child of a certain age is ineligible under
   46         certain circumstances to earn or receive gain-time in
   47         an amount that would cause her sentence to expire,
   48         end, or terminate after serving 65 percent of the
   49         sentence imposed; amending