Florida Senate - 2017 CS for SB 1604
By the Committee on Criminal Justice; and Senator Bracy
591-02667-17 20171604c1
1 A bill to be entitled
2 An act relating to the Department of Corrections;
3 amending s. 110.205, F.S.; exempting specified
4 positions from the career service system; amending s.
5 943.04, F.S.; authorizing the Department of Law
6 Enforcement to issue an investigative demand seeking
7 the production of an inmate’s protected health
8 information, medical records, or mental health records
9 under certain circumstances; specifying requirements
10 for the investigative demand; amending s. 944.151,
11 F.S.; revising legislative intent; revising membership
12 requirements for the safety and security review
13 committee appointed by the Department of Corrections;
14 specifying the duties of the committee; requiring the
15 department to direct appropriate staff to complete
16 specified duties of the department; revising
17 scheduling requirements for inspections of state and
18 private correctional institutions and facilities;
19 revising the list of institutions that must be given
20 priority for inspection; revising the list of
21 institutions that must be given priority for certain
22 security audits; revising minimum audit and evaluation
23 requirements; requiring the department to direct
24 appropriate staff to review staffing policies and
25 practices as needed; conforming provisions to changes
26 made by the act; amending s. 944.17, F.S.; authorizing
27 the department to receive specified documents
28 electronically at its discretion; amending s. 944.275,
29 F.S.; revising the conditions on which an inmate may
30 be granted a one-time award of 60 additional days of
31 incentive gain-time by the department; clarifying when
32 gain-time can be earned; amending s. 944.597, F.S.;
33 revising provisions relating to training of transport
34 company’s employees before transporting prisoners;
35 amending s. 945.36, F.S.; exempting employees of a
36 contracted community correctional center from certain
37 health testing regulations for the limited purpose of
38 administering urine screen drug tests on inmates and
39 releasees; amending s. 958.11, F.S.; deleting a
40 provision authorizing the department to assign 18
41 year-old youthful offenders to the 19-24 age group
42 facility under certain circumstances; deleting a
43 condition that all female youth offenders are allowed
44 to continue to be housed together only until certain
45 institutions are established or adapted for separation
46 by age and custody classifications; authorizing
47 inmates who are 17 years of age or under to be placed
48 at an adult facility for specified purposes, subject
49 to certain conditions; authorizing the department to
50 retain certain youthful offenders until 25 years of
51 age in a facility designated for 18- to 22-year-old
52 youth offenders under certain circumstances;
53 conforming provisions to changes made by the act;
54 amending s. 921.002, F.S.; conforming a cross
55 reference; providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Paragraph (m) of subsection (2) of section
60 110.205, Florida Statutes, is amended to read:
61 110.205 Career service; exemptions.—
62 (2) EXEMPT POSITIONS.—The exempt positions that are not
63 covered by this part include the following:
64 (m) All assistant division director, deputy division
65 director, and bureau chief positions in any department, and
66 those positions determined by the department to have managerial
67 responsibilities comparable to such positions, which include,
68 but are not limited to:
69 1. Positions in the Department of Health and the Department
70 of Children and Families which are assigned primary duties of
71 serving as the superintendent or assistant superintendent of an
72 institution.
73 2. Positions in the Department of Corrections which are
74 assigned primary duties of serving as the warden, assistant
75 warden, colonel, or major, captain, or lieutenant of an
76 institution or which that are assigned primary duties of serving
77 as the circuit administrator, or deputy circuit administrator,
78 correctional probation supervisor, or senior supervisor.
79 3. Positions in the Department of Transportation which are
80 assigned primary duties of serving as regional toll managers and
81 managers of offices, as specified in s. 20.23(3)(b) and (4)(c).
82 4. Positions in the Department of Environmental Protection
83 which are assigned the duty of an Environmental Administrator or
84 program administrator.
85 5. Positions in the Department of Health which are assigned
86 the duties of Environmental Administrator, Assistant County
87 Health Department Director, and County Health Department
88 Financial Administrator.
89 6. Positions in the Department of Highway Safety and Motor
90 Vehicles which are assigned primary duties of serving as
91 captains in the Florida Highway Patrol.
92
93 Unless otherwise fixed by law, the department shall set the
94 salary and benefits of the positions listed in this paragraph in
95 accordance with the rules established for the Selected Exempt
96 Service.
97 Section 2. Subsection (6) is added to section 943.04,
98 Florida Statutes, to read:
99 943.04 Criminal Justice Investigations and Forensic Science
100 Program; creation; investigative, forensic, and related
101 authority.—
102 (6)(a) In furtherance of the duties and responsibilities of
103 the inspector general under s. 944.31, if the Department of Law
104 Enforcement is conducting an investigation or assisting in the
105 investigation of an injury to or death of an inmate which occurs
106 while the inmate is under the custody or control of the
107 Department of Corrections, the department is authorized to,
108 before the initiation of a criminal proceeding relating to such
109 injury or death, issue in writing and serve upon the Department
110 of Corrections an investigative demand seeking the production of
111 the inmate’s protected health information, medical records, or
112 mental health records as specified in s. 945.10(1)(a). The
113 department shall use such records for the limited purpose of
114 investigating or assisting in an investigation of an injury to
115 or death of an inmate for which the records were requested. Any
116 records disclosed pursuant to this subsection remain
117 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
118 of the State Constitution in accordance with s. 945.10(2).
119 (b) The investigative demand must be specific and limited
120 in scope to the extent reasonably practicable in light of the
121 purpose for which the protected health information or records
122 are sought and must include a certification that:
123 1. The protected health information or records sought are
124 relevant and material to a legitimate law enforcement inquiry;
125 2. There is a clear connection between the investigated
126 incident and the inmate whose protected health information and
127 records are sought; and
128 3. De-identified information could not reasonably be used.
129 Section 3. Section 944.151, Florida Statutes, is amended to
130 read:
131 944.151 Safe operation and security of correctional
132 institutions and facilities.—It is the intent of the Legislature
133 that the Department of Corrections shall be responsible for the
134 safe operation and security of the correctional institutions and
135 facilities. The safe operation and security of the state’s
136 correctional institutions and facilities are is critical to
137 ensure public safety and the safety of department employees and
138 offenders, and to contain violent and chronic offenders until
139 offenders are otherwise released from the department’s custody
140 pursuant to law. The Secretary of Corrections shall, at a
141 minimum:
142 (1) Appoint appropriate department staff to a safety and
143 security review committee that which shall evaluate new safety
144 and security technology, review and discuss current issues
145 impacting state and private correctional institutions and
146 facilities, and review and discuss other issues as requested by
147 department management., at a minimum, be composed of: the
148 inspector general, the statewide security coordinator, the
149 regional security coordinators, and three wardens and one
150 correctional officer. The security review committee shall:
151 (2)(a) Direct appropriate department staff to establish a
152 periodic schedule for the physical inspection of buildings and
153 structures of each state and private correctional institution
154 and facility to determine safety and security deficiencies. In
155 scheduling the inspections, priority shall be given to older
156 institutions and facilities;, institutions and facilities that
157 house a large proportion of violent offenders; institutions and
158 facilities that have experienced a significant number of
159 inappropriate incidents of use of force on inmates, assaults on
160 employees, or inmate sexual abuse;, and institutions and
161 facilities that have experienced a significant number of escapes
162 or escape attempts in the past.
163 (3)(b) Direct appropriate department staff to conduct or
164 cause to be conducted announced and unannounced comprehensive
165 security audits of all state and private correctional
166 institutions and facilities. Priority shall be given to those
167 institutions and facilities that have experienced a significant
168 number of inappropriate incidents of use of force on inmates,
169 assaults on employees, or sexual abuse In conducting the
170 security audits, priority shall be given to older institutions,
171 institutions that house a large proportion of violent offenders,
172 and institutions that have experienced a history of escapes or
173 escape attempts. At a minimum, the audit must shall include an
174 evaluation of the physical plant, landscaping, fencing, security
175 alarms and perimeter lighting, and confinement, arsenal, key and
176 lock, and entrance and exit inmate classification and staffing
177 policies. The evaluation of the physical plant policies must
178 include the identification of blind spots or areas where staff
179 or inmates may be isolated and the deployment of video
180 monitoring systems and other appropriate monitoring technologies
181 in such spots or areas. Each correctional institution and
182 facility shall be audited at least annually. The secretary shall
183 annually report the audit general survey findings annually to
184 the Governor and the Legislature.
185 (c) Adopt and enforce minimum security standards and
186 policies that include, but are not limited to:
187 1. Random monitoring of outgoing telephone calls by
188 inmates.
189 2. Maintenance of current photographs of all inmates.
190 3. Daily inmate counts at varied intervals.
191 4. Use of canine units, where appropriate.
192 5. Use of escape alarms and perimeter lighting.
193 6. Florida Crime Information Center/National Crime
194 Information Center capabilities.
195 7. Employment background investigations.
196 (d) Annually make written prioritized budget
197 recommendations to the secretary that identify critical security
198 deficiencies at major correctional institutions.
199 (4)(e) Direct appropriate department staff to investigate
200 and evaluate the usefulness and dependability of existing safety
201 and security technology at state and private correctional the
202 institutions and facilities, investigate and evaluate new
203 available safety and security technology, available and make
204 periodic written recommendations to the secretary on the
205 discontinuation or purchase of various safety and security
206 devices.
207 (5)(f) Direct appropriate department staff to contract, if
208 deemed necessary, with security personnel, consulting engineers,
209 architects, or other safety and security experts the department
210 committee deems necessary for safety and security audits and
211 security consultant services.
212 (6)(g) Direct appropriate department staff, in conjunction
213 with the regional offices, to establish a periodic schedule for
214 conducting announced and unannounced escape simulation drills.
215 (7)(2) Direct appropriate department staff to maintain and
216 produce quarterly reports with accurate escape statistics. For
217 the purposes of these reports, the term “escape” includes all
218 possible types of escape, regardless of prosecution by the state
219 attorney, and includes including offenders who walk away from
220 nonsecure community facilities.
221 (8)(3) Direct appropriate department staff to adopt,
222 enforce, and annually evaluate the emergency escape response
223 procedures, which must shall at a minimum include the immediate
224 notification and inclusion of local and state law enforcement
225 through a mutual aid agreement.
226 (9) Direct appropriate department staff to review staffing
227 policies and practices as needed.
228 (10) Direct appropriate department staff to adopt and
229 enforce minimum safety and security standards and policies that
230 include, but are not limited to:
231 (a) Random monitoring of outgoing telephone calls by
232 inmates.
233 (b) Maintenance of current photographs of all inmates.
234 (c) Daily inmate counts at varied intervals.
235 (d) Use of canine units, where appropriate.
236 (e) Use of escape alarms and perimeter lighting.
237 (f) Use of the Florida Crime Information Center and
238 National Crime Information Center capabilities.
239 (g) Employment background investigations.
240 (11)(4) Direct appropriate department staff to submit in
241 the annual legislative budget request a prioritized summary of
242 critical safety and security deficiencies and repair and
243 renovation security needs.
244 Section 4. Subsection (5) of section 944.17, Florida
245 Statutes, is amended to read:
246 944.17 Commitments and classification; transfers.—
247 (5) The department shall also refuse to accept a person
248 into the state correctional system unless the following
249 documents are presented in a completed form by the sheriff or
250 chief correctional officer, or a designated representative, to
251 the officer in charge of the reception process. The department
252 may, at its discretion, receive such documents electronically:
253 (a) The uniform commitment and judgment and sentence forms
254 as described in subsection (4).
255 (b) The sheriff’s certificate as described in s. 921.161.
256 (c) A certified copy of the indictment or information
257 relating to the offense for which the person was convicted.
258 (d) A copy of the probable cause affidavit for each offense
259 identified in the current indictment or information.
260 (e) A copy of the Criminal Punishment Code scoresheet and
261 any attachments thereto prepared pursuant to Rule 3.701, Rule
262 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
263 any other rule pertaining to the preparation of felony
264 sentencing scoresheets.
265 (f) A copy of the restitution order or the reasons by the
266 court for not requiring restitution pursuant to s. 775.089(1).
267 (g) The name and address of any victim, if available.
268 (h) A printout of a current criminal history record as
269 provided through an FCIC/NCIC printer.
270 (i) Any available health assessments including medical,
271 mental health, and dental, including laboratory or test
272 findings; custody classification; disciplinary and adjustment;
273 and substance abuse assessment and treatment information which
274 may have been developed during the period of incarceration
275 before prior to the transfer of the person to the department’s
276 custody. Available information shall be transmitted on standard
277 forms developed by the department.
278
279 In addition, the sheriff or other officer having such person in
280 charge shall also deliver with the foregoing documents any
281 available presentence investigation reports as described in s.
282 921.231 and any attached documents. After a prisoner is admitted
283 into the state correctional system, the department may request
284 such additional records relating to the prisoner as it considers
285 necessary from the clerk of the court, the Department of
286 Children and Families, or any other state or county agency for
287 the purpose of determining the prisoner’s proper custody
288 classification, gain-time eligibility, or eligibility for early
289 release programs. An agency that receives such a request from
290 the department must provide the information requested. The
291 department may, at its discretion, receive such information
292 electronically.
293 Section 5. Paragraphs (b) and (d) of subsection (4) of
294 section 944.275, Florida Statutes, are amended, and paragraph
295 (f) is added to that subsection, to read:
296 944.275 Gain-time.—
297 (4)
298 (b) For each month in which an inmate works diligently,
299 participates in training, uses time constructively, or otherwise
300 engages in positive activities, the department may grant
301 incentive gain-time in accordance with this paragraph. The rate
302 of incentive gain-time in effect on the date the inmate
303 committed the offense which resulted in his or her incarceration
304 shall be the inmate’s rate of eligibility to earn incentive
305 gain-time throughout the period of incarceration and shall not
306 be altered by a subsequent change in the severity level of the
307 offense for which the inmate was sentenced.
308 1. For sentences imposed for offenses committed prior to
309 January 1, 1994, up to 20 days of incentive gain-time may be
310 granted. If granted, such gain-time shall be credited and
311 applied monthly.
312 2. For sentences imposed for offenses committed on or after
313 January 1, 1994, and before October 1, 1995:
314 a. For offenses ranked in offense severity levels 1 through
315 7, under former s. 921.0012 or former s. 921.0013, up to 25 days
316 of incentive gain-time may be granted. If granted, such gain
317 time shall be credited and applied monthly.
318 b. For offenses ranked in offense severity levels 8, 9, and
319 10, under former s. 921.0012 or former s. 921.0013, up to 20
320 days of incentive gain-time may be granted. If granted, such
321 gain-time shall be credited and applied monthly.
322 3. For sentences imposed for offenses committed on or after
323 October 1, 1995, the department may grant up to 10 days per
324 month of incentive gain-time, except that no prisoner is
325 eligible to earn any type of gain-time in an amount that would
326 cause a sentence to expire, end, or terminate, or that would
327 result in a prisoner’s release, prior to serving a minimum of 85
328 percent of the sentence imposed. For purposes of this
329 subparagraph, credits awarded by the court for time physically
330 incarcerated shall be credited toward satisfaction of 85 percent
331 of the sentence imposed. Except as provided by this section, a
332 prisoner shall not accumulate further gain-time awards at any
333 point when the tentative release date is the same as that date
334 at which the prisoner will have served 85 percent of the
335 sentence imposed. State prisoners sentenced to life imprisonment
336 shall be incarcerated for the rest of their natural lives,
337 unless granted pardon or clemency.
338 (d) Notwithstanding the monthly maximum awards of incentive
339 gain-time under subparagraphs (b)1., and 2., and 3., the
340 education program manager shall recommend, and the Department of
341 Corrections may grant, a one-time award of 60 additional days of
342 incentive gain-time to an inmate who is otherwise eligible and
343 who successfully completes requirements for and is, or has been
344 during the current commitment, awarded a high school equivalency
345 diploma or vocational certificate. Under no circumstances may an
346 inmate receive more than 60 days for educational attainment
347 pursuant to this section.
348 (f) An inmate who is subject to subparagraph (b)3. is not
349 eligible to earn or receive gain-time under paragraph (a),
350 paragraph (b), paragraph (c), or paragraph (d) or any other type
351 of gain-time in an amount that would cause a sentence to expire,
352 end, or terminate, or that would result in a prisoner’s release,
353 before serving a minimum of 85 percent of the sentence imposed.
354 For purposes of this paragraph, credits awarded by the court for
355 time physically incarcerated shall be credited toward
356 satisfaction of 85 percent of the sentence imposed. Except as
357 provided by this section, a prisoner may not accumulate further
358 gain-time awards at any point when the tentative release date is
359 the same as that date at which the prisoner will have served 85
360 percent of the sentence imposed. State prisoners sentenced to
361 life imprisonment shall be incarcerated for the rest of their
362 natural lives, unless granted a pardon or clemency.
363 Section 6. Subsection (2) of section 944.597, Florida
364 Statutes, is amended to read:
365 944.597 Transportation and return of prisoners by private
366 transport company.—
367 (2) The department shall include, but is shall not be
368 limited to, the following requirements in any contract with any
369 transport company:
370 (a) That the transport company shall maintain adequate
371 liability coverage with respect to the transportation of
372 prisoners.;
373 (b) That the transport company shall require its employees
374 to complete at least 100 hours of training before transporting
375 prisoners. The curriculum for such training must be approved by
376 the department and include instruction in:
377 1. Use of restraints;
378 2. Searches of prisoners;
379 3. Use of force, including use of appropriate weapons and
380 firearms;
381 4. Cardiopulmonary resuscitation;
382 5. Map reading; and
383 6. Defensive driving. personnel employed with the transport
384 company who are based in the state shall meet the minimum
385 standards in accordance with s. 943.13 and that personnel
386 employed with the transport company based outside of Florida
387 shall meet the minimum standards for a correctional officer or
388 law enforcement officer in the state where the employee is
389 based;
390 (c) That the transport company shall adhere to standards
391 which provide for humane treatment of prisoners while in the
392 custody of the transport company.;
393 (d) That the transport company shall submit reports to the
394 department regarding incidents of escape, use of force, and
395 accidents involving prisoners in the custody of the transport
396 company.
397 Section 7. Section 945.36, Florida Statutes, is amended to
398 read:
399 945.36 Exemption from health testing regulations for law
400 enforcement personnel conducting drug tests on inmates and
401 releasees.—
402 (1) Any law enforcement officer, state or county probation
403 officer, or employee of the Department of Corrections, or
404 employee of a contracted community correctional center who is
405 certified by the Department of Corrections pursuant to
406 subsection (2), is exempt from part I of chapter 483, for the
407 limited purpose of administering a urine screen drug test to:
408 (a) Persons during incarceration;
409 (b) Persons released as a condition of probation for either
410 a felony or misdemeanor;
411 (c) Persons released as a condition of community control;
412 (d) Persons released as a condition of conditional release;
413 (e) Persons released as a condition of parole;
414 (f) Persons released as a condition of provisional release;
415 (g) Persons released as a condition of pretrial release; or
416 (h) Persons released as a condition of control release.
417 (2) The Department of Corrections shall develop a procedure
418 for certification of any law enforcement officer, state or
419 county probation officer, or employee of the Department of
420 Corrections, or employee of a contracted community correctional
421 center to perform a urine screen drug test on the persons
422 specified in subsection (1).
423 Section 8. Section 958.11, Florida Statutes, is amended to
424 read:
425 958.11 Designation of institutions and programs for
426 youthful offenders; assignment from youthful offender
427 institutions and programs.—
428 (1) The department shall by rule designate separate
429 institutions and programs for youthful offenders and shall
430 employ and utilize personnel specially qualified by training and
431 experience to operate all such institutions and programs for
432 youthful offenders. Youthful offenders who are at least 14 years
433 of age but who have not yet reached the age of 18 19 years at
434 the time of reception shall be separated from youthful offenders
435 who are 18 19 years of age or older, except that if the
436 population of the facilities designated for 14-year-old to 18
437 year-old youthful offenders exceeds 100 percent of lawful
438 capacity, the department may assign 18-year-old youthful
439 offenders to the 19-24 age group facility.
440 (2) Youthful offender institutions and programs shall
441 contain only those youthful offenders sentenced as such by a
442 court or classified as such by the department, pursuant to the
443 requirements of subsections (7) (4) and (9) (6), except that
444 under special circumstances select adult offenders may be
445 assigned to youthful offender institutions. All female youthful
446 offenders of all ages may continue to be housed together at
447 those institutions designated by department rule until such time
448 as institutions for female youthful offenders are established or
449 adapted to allow for separation by age and to accommodate all
450 custody classifications.
451 (3) The department may assign a youthful offender who is 18
452 years of age or older to a facility in the state correctional
453 system which is not designated for the care, custody, control,
454 and supervision of youthful offenders or an age group only in
455 the following circumstances:
456 (a) If the youthful offender is convicted of a new crime
457 that which is a felony under the laws of this state.
458 (b) If the youthful offender becomes such a serious
459 management or disciplinary problem resulting from serious
460 violations of the rules of the department that his or her
461 original assignment would be detrimental to the interests of the
462 program and to other inmates committed thereto.
463 (c) If the youthful offender needs medical treatment,
464 health services, or other specialized treatment otherwise not
465 available at the youthful offender facility.
466 (d) If the department determines that the youthful offender
467 should be transferred outside of the state correctional system,
468 as provided by law, for services not provided by the department.
469 (e) If bed space is not available in a designated community
470 residential facility, the department may assign a youthful
471 offender to a community residential facility, provided that the
472 youthful offender is separated from other offenders insofar as
473 is practical.
474 (4) The department may assign a youthful offender whose age
475 does not exceed 17 years to an adult facility for medical or
476 mental health reasons, for protective management, or for close
477 management. The youthful offender shall be separated from
478 offenders who are 18 years of age or older.
479 (5)(f) If the youthful offender was originally assigned to
480 a facility designated for 14- to 17-year-old 14-year-old to 18
481 year-old youthful offenders, but subsequently reaches the age of
482 18 19 years, the department may retain the youthful offender in
483 a the facility designated for 18- to 22-year-old youthful
484 offenders if the department determines that it is in the best
485 interest of the youthful offender and the department.
486 (6) If the youthful offender was originally assigned to a
487 facility designated for 18- to 22-year-old youthful offenders,
488 but subsequently reaches the age of 23 years, the department may
489 retain the offender in the facility until the age of 25 if the
490 department determines that it is in the best interest of the
491 youthful offender and the department.
492 (g) If the department determines that a youthful offender
493 originally assigned to a facility designated for the 19-24 age
494 group is mentally or physically vulnerable by such placement,
495 the department may reassign a youthful offender to a facility
496 designated for the 14-18 age group if the department determines
497 that a reassignment is necessary to protect the safety of the
498 youthful offender or the institution.
499 (h) If the department determines that a youthful offender
500 originally assigned to a facility designated for the 14-18 age
501 group is disruptive, incorrigible, or uncontrollable, the
502 department may reassign a youthful offender to a facility
503 designated for the 19-24 age group if the department determines
504 that a reassignment would best serve the interests of the
505 youthful offender and the department.
506 (7)(4) The department shall continuously screen all
507 institutions, facilities, and programs for any inmate who meets
508 the eligibility requirements for youthful offender designation
509 specified in s. 958.04(1)(a) and (c) whose age does not exceed
510 24 years and whose total length of sentence does not exceed 10
511 years, and the department may classify and assign as a youthful
512 offender any inmate who meets the criteria of this subsection.
513 (8)(5) The department shall coordinate all youthful
514 offender assignments or transfers and shall review and maintain
515 access to full and complete documentation and substantiation of
516 all such assignments or transfers of youthful offenders to or
517 from facilities in the state correctional system which are not
518 designated for their care, custody, and control, except
519 assignments or transfers made pursuant to paragraph (3)(c).
520 (9)(6) The department may assign to a youthful offender
521 facility any inmate, except a capital or life felon, whose age
522 does not exceed 19 years but who does not otherwise meet the
523 criteria of this section, if the department determines that such
524 inmate’s mental or physical vulnerability would substantially or
525 materially jeopardize his or her safety in a nonyouthful
526 offender facility. Assignments made under this subsection shall
527 be included in the department’s annual report.
528 Section 9. Paragraph (e) of subsection (1) of section
529 921.002, Florida Statutes, is amended to read:
530 921.002 The Criminal Punishment Code.—The Criminal
531 Punishment Code shall apply to all felony offenses, except
532 capital felonies, committed on or after October 1, 1998.
533 (1) The provision of criminal penalties and of limitations
534 upon the application of such penalties is a matter of
535 predominantly substantive law and, as such, is a matter properly
536 addressed by the Legislature. The Legislature, in the exercise
537 of its authority and responsibility to establish sentencing
538 criteria, to provide for the imposition of criminal penalties,
539 and to make the best use of state prisons so that violent
540 criminal offenders are appropriately incarcerated, has
541 determined that it is in the best interest of the state to
542 develop, implement, and revise a sentencing policy. The Criminal
543 Punishment Code embodies the principles that:
544 (e) The sentence imposed by the sentencing judge reflects
545 the length of actual time to be served, shortened only by the
546 application of incentive and meritorious gain-time as provided
547 by law, and may not be shortened if the defendant would
548 consequently serve less than 85 percent of his or her term of
549 imprisonment as provided in s. 944.275(4) s. 944.275(4)(b)3. The
550 provisions of chapter 947, relating to parole, shall not apply
551 to persons sentenced under the Criminal Punishment Code.
552 Section 10. This act shall take effect July 1, 2017.