Title: Gain-time

Summary: Revises provisions relating to prisoner's required minimum term of imprisonment; revises incentive gain-time that DOC may grant prisoner for certain offenses; revises conditions under which inmate may be granted one-time award of 60 days of incentive gain-time.

Full Text:
An act relating to gain-time; amending s. 921.002, F.S.; revising a principle of the Criminal Punishment Code relating to a prisoner's required minimum term of imprisonment; amending s. 944.275, F.S.; revising the incentive gain-time that the Department of Corrections may grant a prisoner for offenses committed on or after a specified date; providing exceptions; revising the conditions under which an inmate may be granted a one-time award of additional days of incentive gain-time by the department; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (e) of subsection (1) of section 921.002, Flori da Statutes, is amended to read: 921.002 The Criminal Punishment Code.-The Criminal Punishment Code shall apply to all felony offenses, except capital felonies, committed on or after October 1, 1998. (1) The provision of criminal penalties and of limit ations upon the application of such penalties is a matter of predominantly substantive law and, as such, is a matter properly addressed by the Legislature. The Legislature, in the exercise of its authority and responsibility to establish sentencing HB 1001 2019 criteria, to provide for the imposition of criminal penalties, and to make the best use of state prisons so that violent criminal offenders are appropriately incarcerated, has determined that it is in the best interest of the state to develop, implement, and revi se a sentencing policy. The Criminal Punishment Code embodies the principles that: (e) The sentence imposed by the sentencing judge reflects the length of actual time to be served, shortened only by the application of incentive and meritorious gain-time as provided by law, and may not be shortened if the defendant would consequently serve less than percent of his or her term of imprisonment as provided in s. 944.275(4)(b)4.a. or percent of his or her term of imprisonment as provided in s. 944.275(4) or s. 944.275(4)(b)4.b.The provisions of chapter 947, relating to parole, shall not apply to persons sentenced under the Criminal Punishment Code. Section 2. Paragraphs (b), (d), and (f) of subsection (4) of section 944.275, Florida Statutes, are ame nded to read: 944.275 Gain-time.-(4) (b) For each month in which an inmate works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may grant incentive gain-time in accordance with this paragraph. The rate of incentive gain-time in effect on the date the inmate HB 1001 2019 committed the offense that which resulted in his or her incarceration shall be the inmate's rate of eligibility to earn incentive gain-time throughout the period of incarc eration and may shall not be altered by a subsequent change in the severity level of the offense for which the inmate was sentenced. 1. For sentences imposed for offenses committed before prior to January 1, 1994, up to days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly. 2. For sentences imposed for offenses committed on or after January 1, 1994, and before October 1, 1995: a. For offenses ranked in offense severity levels 62 through 7, under former s. 921.0012 or former s. 921.0013, up to days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly. b. For offenses ranked in offense severity levels 8, 9, and 10, under former s. 921.0012 or former s. 921.0013, up to 67 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly. 3. For sentences imposed for offenses committed on or after October 1, 1995, and before July 1, 2019, the departmen tmay grant up to days per month of incentive gain-time. 4. For sentences imposed for offenses committed on or after July 1, 2019, the department may grant up to days per month of incentive gain-time, except that: HB 1001 2019 a. If the offense is a nonviolen tfelony, as defined in s. 948.08(6), the prisoner is not eligible to earn any type of gain-time in an amount that would cause a sentence to expire, end, or terminate, or that would result in a prisoner's release, before he or she serves a minimum of pe rcent of the sentence imposed. For purposes of this sub-subparagraph, credits awarded by the court for time physically incarcerated must be credited toward satisfaction of percent of the sentence imposed. A prisoner who is granted incentive gain-time pursuant to this sub-subparagraph may not accumulate further gain-time awards at any point when the tentative release date is the same as that date at which the prisoner will have served percent of the sentence imposed. State prisoners sentenced to life i mprisonment must be incarcerated for the rest of their natural lives, unless granted pardon or clemency. b. If the offense is not a nonviolent felony, as defined in s. 948.08(6), the prisoner is not eligible to earn any type of gain-time in an amount that would cause a sentence to expire, end, or terminate, or that would result in a prisoner's release, before he or she serves a minimum of percent of the sentence imposed. For purposes of this sub-subparagraph, credits awarded by the court for time physically incarcerated must be credited toward satisfaction of percent of the sentence imposed. A prisoner who is granted incentive gain-time pursuant to this sub-subparagraph may not accumulate further gain-time awards at HB 1001 2019 any point when the tentative release date is the same as that date at which the prisoner will have served percent of the sentence imposed.State prisoners sentenced to life imprisonment must be incarcerated for the rest of their natural lives, unless granted pardon or clemency. (d) Notwithstanding the monthly maximum awards of incentive gain-time under subparagraphs (b)1.-4. subparagraphs (b)1., 2., and 3.,the education program manager shall recommend, and the Department of Corrections may grant, a one time award of additional days of incentive gain-time to an inmate who is otherwise eligible and who successfully completes requirements for and is, or has been during the current commitment, awarded a high school equivalency diploma or vocational certificate. Under no circumstances may an inmate receive more than days for educational attainment pursuant to this section. (f) An inmate who is subject to subparagraph (b)3. is not eligible to earn or receive gain-time under paragraph (a), paragraph (b), paragraph (c), or paragraph (d) or any other type of gain-time in an amount that would cause a sentence to expire, end, or terminate, or that would result in a prisoner's release, before prior to serving a minimum of percent of the sentence imposed. For purposes of this paragraph, credits awarded by the court for time physically incarcerated shall be credited toward satisfaction of percent of the sentence imposed. Except as HB 1001 2019 provided by this section, a prisoner may not accumulate further gain-time awards at any point when the tentative release date is the same as that date at which the prisoner will have served 128 percent of the sentence imposed. State prisoners sentenced to life imprisonment shall be incarcerated for the rest of their natural lives, unless granted pardon or clemency. Section 3. This act shall take effect July 1, 2019.