Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.105 - Restoration of Forfeited Gain Time

Current through Reg. 50, No. 138; July 16, 2024
(1)
				For purposes of this rule, positive overall institutional adjustment means the
				inmate has adhered to the behavioral objectives referenced in Rules 33-601.101
				and  33-601.210, Florida
				Administrative Code (F.A.C.), and has not received an internal security threat
				transfer during the review period. The review period for the initial
				eligibility determination by the classification officer is the preceding 12
				months. The review period for the decision of the final approving authority is
				the entire term of the inmate's current commitment.
(2) All or any portion of gain time that has
				been forfeited during an inmate's current commitment as a result of
				disciplinary action or revocation of probation, community control, provisional
				release, supervised community release, conditional medical release, control
				release, or conditional release is eligible for restoration only when the
				restoration will produce the same or greater benefits as those derived from the
				forfeiture. Only those inmates who have established positive overall
				institutional adjustment during the review period are eligible for
				consideration of having their gain time restored. Restoration will only be
				considered when the inmate is serving the portion of his or her sentence that,
				but for the forfeiture of gain time, would have been completed.
(3) Eligibility.
(a) Restoration of gain time that is
				forfeited due to disciplinary action may be considered only when the following
				criteria are satisfied:
1. A minimum of one
				year has elapsed since the inmate was found guilty of a disciplinary
				infraction.
2. The inmate is
				serving the portion of his or her sentence that, but for the forfeiture of gain
				time, would have been completed.
3.
				The inmate has established positive overall institutional adjustment during the
				review period.
4. An inmate will
				not be eligible for restoration of forfeited gain time if the inmate received a
				felony conviction for an offense that occurred during the inmates current
				commitment:
5. If an inmate is
				found guilty of one or more of the following disciplinary infractions that
				occurred during the inmate's current commitment, he or she shall be eligible
				for consideration of restoration of the gain time forfeited for those specific
				disciplinary infractions only upon the approval of the Secretary or Secretary's
				designee:
1-1
Assault or battery or attempted assault or battery
							 with a deadly weapon;
1-2
Unarmed assault, where a physical attack was made
							 against Department staff;
1-5
Sexual battery or attempted sexual battery;
1-6
Lewd or lascivious exhibition by intentionally
							 masturbating, intentionally exposing genitals in a lewd or lascivious manner,
							 or intentionally committing any other sexual act in the presence of a staff
							 member, contracted staff member or visitor;
1-7
Aggravated battery or attempted aggravated battery on
							 a correctional officer;
1-8
Aggravated battery or attempted aggravated battery on
							 staff other than correctional officer;
1-9
Aggravated battery or attempted aggravated battery on
							 someone other than staff or inmates (vendor, etc.);
1-10
Aggravated battery or attempted aggravated battery on
							 an inmate;
1-11
Aggravated assault or attempted aggravated assault on
							 a correctional officer;
1-12
Aggravated assault or attempted aggravated assault on
							 staff other than correctional officer;
1-13
Aggravated assault or attempted aggravated assault on
							 someone other than staff or inmates (vendor, etc.);
1-14
Aggravated assault or attempted aggravated assault on
							 an inmate;
1-15
Battery or attempted battery on a correctional
							 officer;
1-16
Battery or attempted battery on staff other than
							 correctional officer;
1-17
Battery or attempted battery on someone other than
							 staff or inmates (vendor, etc.);
1-18
Battery or attempted battery on an inmate;
1-19
Assault or attempted assault on a correctional
							 officer;
1-20
Assault or attempted assault on staff other than
							 correctional officer;
1-21
Assault or attempted assault on someone other than
							 staff or inmates (vendor, etc.);
1-22
Assault or attempted assault on an inmate;
2-1
Participating in riots, strikes, mutinous acts, or
							 disturbances;
2-2
Inciting or attempting to incite riots, strikes,
							 mutinous acts, or disturbances - conveying any inflammatory, riotous or
							 mutinous communication by word of mouth, in writing or by sign, symbol or
							 gesture;
3-1
Possession of or manufacture of weapons, ammunition,
							 or explosives;
3-3
Possession of narcotics, unauthorized drugs and drug
							 paraphernalia;
3-4
Trafficking in drugs or unauthorized
							 beverages;
3-7
Possession of aromatic stimulants or depressants,
							 such as paint thinner, glue, toluene, etc.;
3-14
Unauthorized possession or use of a cellular
							 telephone or any other type of wireless communication device, or any components
							 or peripherals to such devices, including but not limited to SIM cards,
							 Bluetooth items, batteries, and charging devices; any other technology that is
							 found to be in furtherance of possessing or using a communication device
							 prohibited under Section 944.47(1)(a)6, F.S.;
4-1
Escape or attempted escape;
7-6
Arson or attempted arson;
9-22
Robbery or attempted robbery;
9-36
Gang related activities, including recruitment;
							 organizing; display of symbols, groups or group photos; promotion or
							 participation.
6.
				Once an inmate has gain time restored, a subsequent forfeiture of gain time due
				to a disciplinary infraction during the inmate's current commitment will make
				the inmate ineligible for further restoration.
7. Gain time that is forfeited prior to an
				inmate receiving an additional commitment for an offense committed while in
				custody of the Department will not be considered for
				restoration.