Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1334
       
       
       
       
       
       
                                Barcode 803808                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2011           .                                
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       The Committee on Criminal Justice (Dockery) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 773 and 774
    4  insert:
    5         Section 3. Paragraph (b) of subsection (4) of section
    6  944.275, Florida Statutes, is amended to read:
    7         944.275 Gain-time.—
    8         (4)
    9         (b) For each month in which an inmate works diligently,
   10  participates in training, uses time constructively, or otherwise
   11  engages in positive activities, the department may grant
   12  incentive gain-time in accordance with this paragraph. The rate
   13  of incentive gain-time in effect on the date the inmate
   14  committed the offense which resulted in his or her incarceration
   15  shall be the inmate’s rate of eligibility to earn incentive
   16  gain-time throughout the period of incarceration and shall not
   17  be altered by a subsequent change in the severity level of the
   18  offense for which the inmate was sentenced.
   19         1. For sentences imposed for offenses committed prior to
   20  January 1, 1994, up to 20 days of incentive gain-time may be
   21  granted. If granted, such gain-time shall be credited and
   22  applied monthly.
   23         2. For sentences imposed for offenses committed on or after
   24  January 1, 1994, and before October 1, 1995:
   25         a. For offenses ranked in offense severity levels 1 through
   26  7, under s. 921.0012 or s. 921.0013, up to 25 days of incentive
   27  gain-time may be granted. If granted, such gain-time shall be
   28  credited and applied monthly.
   29         b. For offenses ranked in offense severity levels 8, 9, and
   30  10, under s. 921.0012 or s. 921.0013, up to 20 days of incentive
   31  gain-time may be granted. If granted, such gain-time shall be
   32  credited and applied monthly.
   33         3. For sentences imposed for offenses committed on or after
   34  October 1, 1995, the department may grant up to 10 days per
   35  month of incentive gain-time, except that no prisoner is
   36  eligible to earn any type of gain-time in an amount that would
   37  cause a sentence to expire, end, or terminate, or that would
   38  result in a prisoner’s release, prior to serving a minimum of 85
   39  percent of the sentence imposed. For purposes of this
   40  subparagraph, credits awarded by the court for time physically
   41  incarcerated shall be credited toward satisfaction of 85 percent
   42  of the sentence imposed. Except as provided by this section, a
   43  prisoner shall not accumulate further gain-time awards at any
   44  point when the tentative release date is the same as that date
   45  at which the prisoner will have served 85 percent of the
   46  sentence imposed. State prisoners sentenced to life imprisonment
   47  shall be incarcerated for the rest of their natural lives,
   48  unless granted pardon or clemency.
   49         4. For sentences imposed for offenses committed on or after
   50  October 1, 2011, the department may grant up to 10 days per
   51  month of incentive gain-time, except that a prisoner is not
   52  eligible to earn gain-time in an amount that would cause a
   53  sentence to expire, end, or terminate, or would result in a
   54  prisoner’s release, before serving the following minimum
   55  percentage of sentence imposed:
   56         a. Ninety-two percent of the sentenced imposed for a
   57  prisoner sentenced for committing a violent offense and who has
   58  one or more prior felony convictions.
   59         b. Eighty-seven percent of the sentenced imposed for a
   60  prisoner sentenced for committing a violent offense and who has
   61  no prior felony convictions.
   62         c. Eighty-five percent of the sentenced imposed for a
   63  prisoner sentenced for committing a nonviolent offense and who
   64  has one or more prior felony convictions.
   65         d. Sixty-five percent of the sentenced imposed for a
   66  prisoner sentenced for committing a nonviolent offense and who
   67  has no prior felony convictions.
   68  
   69  For the purposes of this subparagraph, the term “violent
   70  offense” has the same meaning as the term “forcible felony” as
   71  defined in s. 776.08.
   72         Section 4. For the purpose of incorporating the amendment
   73  made by this act to section 944.275, Florida Statutes, in a
   74  reference thereto, paragraph (k) of subsection (4) of section
   75  775.084, Florida Statutes, is reenacted to read:
   76         775.084 Violent career criminals; habitual felony offenders
   77  and habitual violent felony offenders; three-time violent felony
   78  offenders; definitions; procedure; enhanced penalties or
   79  mandatory minimum prison terms.—
   80         (4)
   81         (k)1. A defendant sentenced under this section as a
   82  habitual felony offender, a habitual violent felony offender, or
   83  a violent career criminal is eligible for gain-time granted by
   84  the Department of Corrections as provided in s. 944.275(4)(b).
   85         2. For an offense committed on or after October 1, 1995, a
   86  defendant sentenced under this section as a violent career
   87  criminal is not eligible for any form of discretionary early
   88  release, other than pardon or executive clemency, or conditional
   89  medical release granted pursuant to s. 947.149.
   90         3. For an offense committed on or after July 1, 1999, a
   91  defendant sentenced under this section as a three-time violent
   92  felony offender shall be released only by expiration of sentence
   93  and shall not be eligible for parole, control release, or any
   94  form of early release.
   95  
   96  ================= T I T L E  A M E N D M E N T ================
   97  And the title is amended as follows:
   98  
   99         Delete line 76
  100  and insert:
  101  
  102         amending s. 944.275, F.S.; authorizing the Department
  103         of Corrections to grant up to 10 days per month of
  104         incentive gain-time applicable to sentences imposed
  105         for offenses committed on or after a specified date;
  106         providing an exception under certain circumstances;
  107         reenacting s. 775.084(4)(k), F.S., relating to violent
  108         career criminals, to incorporate the amendment made to
  109         s. 944.275, F.S., in a reference thereto; providing an
  110         effective date.