Bill Text: FL S0394 | 2020 | Regular Session | Introduced


Bill Title: Gain-time

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-10-15 - Referred to Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations [S0394 Detail]

Download: Florida-2020-S0394-Introduced.html
       Florida Senate - 2020                                     SB 394
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00638-20                                            2020394__
    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; providing exceptions; providing
    8         an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (e) of subsection (1) of section
   13  921.002, Florida Statutes, is amended to read:
   14         921.002 The Criminal Punishment Code.—The Criminal
   15  Punishment Code shall apply to all felony offenses, except
   16  capital felonies, committed on or after October 1, 1998.
   17         (1) The provision of criminal penalties and of limitations
   18  upon the application of such penalties is a matter of
   19  predominantly substantive law and, as such, is a matter properly
   20  addressed by the Legislature. The Legislature, in the exercise
   21  of its authority and responsibility to establish sentencing
   22  criteria, to provide for the imposition of criminal penalties,
   23  and to make the best use of state prisons so that violent
   24  criminal offenders are appropriately incarcerated, has
   25  determined that it is in the best interest of the state to
   26  develop, implement, and revise a sentencing policy. The Criminal
   27  Punishment Code embodies the principles that:
   28         (e) The sentence imposed by the sentencing judge reflects
   29  the length of actual time to be served, shortened only by the
   30  application of incentive and meritorious gain-time as provided
   31  by law, and may not be shortened if the defendant would
   32  consequently serve less than 65 percent of his or her term of
   33  imprisonment as provided in s. 944.275(4)(b)3.a. or less than 85
   34  percent of his or her term of imprisonment as provided in s.
   35  944.275(4) or s. 944.275(4)(b)3.b. The provisions of chapter
   36  947, relating to parole, shall not apply to persons sentenced
   37  under the Criminal Punishment Code.
   38         Section 2. Paragraphs (b) and (f) of subsection (4) of
   39  section 944.275, Florida Statutes, are amended to read:
   40         944.275 Gain-time.—
   41         (4)
   42         (b) For each month in which an inmate works diligently,
   43  participates in training, uses time constructively, or otherwise
   44  engages in positive activities, the department may grant
   45  incentive gain-time in accordance with this paragraph. The rate
   46  of incentive gain-time in effect on the date the inmate
   47  committed the offense that which resulted in his or her
   48  incarceration shall be the inmate’s rate of eligibility to earn
   49  incentive gain-time throughout the period of incarceration and
   50  may shall not be altered by a subsequent change in the severity
   51  level of the offense for which the inmate was sentenced.
   52         1. For sentences imposed for offenses committed before
   53  prior to January 1, 1994, up to 20 days of incentive gain-time
   54  may be granted. If granted, such gain-time shall be credited and
   55  applied monthly.
   56         2. For sentences imposed for offenses committed on or after
   57  January 1, 1994, and before October 1, 1995:
   58         a. For offenses ranked in offense severity levels 1 through
   59  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
   60  of incentive gain-time may be granted. If granted, such gain
   61  time shall be credited and applied monthly.
   62         b. For offenses ranked in offense severity levels 8, 9, and
   63  10, under former s. 921.0012 or former s. 921.0013, up to 20
   64  days of incentive gain-time may be granted. If granted, such
   65  gain-time shall be credited and applied monthly.
   66         3. For sentences imposed for offenses, regardless of the
   67  date committed, the department may grant up to 20 days per month
   68  of incentive gain-time, except that:
   69         a.If the offense is a nonviolent felony, as defined in s.
   70  948.08(6), the prisoner is not eligible to earn any type of
   71  gain-time in an amount that would cause a sentence to expire,
   72  end, or terminate, or that would result in a prisoner’s release,
   73  before he or she serves a minimum of 65 percent of the sentence
   74  imposed. For purposes of this sub-subparagraph, credits awarded
   75  by the court for time physically incarcerated must be credited
   76  toward satisfaction of 65 percent of the sentence imposed. A
   77  prisoner who is granted incentive gain-time pursuant to this
   78  sub-subparagraph may not accumulate further gain-time awards at
   79  any point when the tentative release date is the same as that
   80  date at which the prisoner will have served 65 percent of the
   81  sentence imposed. State prisoners sentenced to life imprisonment
   82  must be incarcerated for the rest of their natural lives, unless
   83  granted pardon or clemency.
   84         b.If the offense is not a nonviolent felony, as defined in
   85  s. 948.08(6), the prisoner is not eligible to earn any type of
   86  gain-time in an amount that would cause a sentence to expire,
   87  end, or terminate, or that would result in a prisoner’s release,
   88  before he or she serves a minimum of 85 percent of the sentence
   89  imposed. For purposes of this sub-subparagraph, credits awarded
   90  by the court for time physically incarcerated must be credited
   91  toward satisfaction of 85 percent of the sentence imposed. A
   92  prisoner who is granted incentive gain-time pursuant to this
   93  sub-subparagraph may not accumulate further gain-time awards at
   94  any point when the tentative release date is the same as that
   95  date at which the prisoner will have served 85 percent of the
   96  sentence imposed. State prisoners sentenced to life imprisonment
   97  must be incarcerated for the rest of their natural lives, unless
   98  granted pardon or clemency For sentences imposed for offenses
   99  committed on or after October 1, 1995, the department may grant
  100  up to 10 days per month of incentive gain-time.
  101         (f) An inmate who is subject to subparagraph (b)3. is not
  102  eligible to earn or receive gain-time under paragraph (a),
  103  paragraph (b), paragraph (c), or paragraph (d) or any other type
  104  of gain-time in an amount that would cause a sentence to expire,
  105  end, or terminate, or that would result in a prisoner’s release,
  106  before prior to serving a minimum of 85 percent of the sentence
  107  imposed. For purposes of this paragraph, credits awarded by the
  108  court for time physically incarcerated shall be credited toward
  109  satisfaction of 85 percent of the sentence imposed. Except as
  110  provided by this section, a prisoner may not accumulate further
  111  gain-time awards at any point when the tentative release date is
  112  the same as that date at which the prisoner will have served 85
  113  percent of the sentence imposed. State prisoners sentenced to
  114  life imprisonment shall be incarcerated for the rest of their
  115  natural lives, unless granted pardon or clemency.
  116         Section 3. This act shall take effect July 1, 2020.

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