CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No. 5

                            CHAMBER ACTION
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11  The Committee on Fiscal Policy recommended the following

12  amendment:

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14         Senate Amendment (with title amendment) 

15         On page 16, line 31,

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17  insert:

18         Section 6.  Paragraph (b) of subsection (4) of section

19  944.275, Florida Statutes, is amended to read:

20         944.275  Gain-time.--

21         (4)

22         (b)  For each month in which an inmate works

23  diligently, participates in training, uses time

24  constructively, or otherwise engages in positive activities,

25  the department may grant incentive gain-time in accordance

26  with this paragraph. The rate of incentive gain-time in effect

27  on the date the inmate committed the offense which resulted in

28  his or her incarceration shall be the inmate's rate of

29  eligibility to earn incentive gain-time throughout the period

30  of incarceration and shall not be altered by a subsequent

31  change in the severity level of the offense for which the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No. 5





 1  inmate was sentenced.

 2         1.  For sentences imposed for offenses committed prior

 3  to January 1, 1994, up to 20 days of incentive gain-time may

 4  be granted.  If granted, such gain-time shall be credited and

 5  applied monthly.

 6         2.  For sentences imposed for offenses committed on or

 7  after January 1, 1994, and before October 1, 1995:

 8         a.  For offenses ranked in offense severity levels 1

 9  through 7, under s. 921.0012 or s. 921.0013, up to 25 days of

10  incentive gain-time may be granted.  If granted, such

11  gain-time shall be credited and applied monthly.

12         b.  For offenses ranked in offense severity levels 8,

13  9, and 10, under s. 921.0012 or s. 921.0013, up to 20 days of

14  incentive gain-time may be granted.  If granted, such

15  gain-time shall be credited and applied monthly.

16         3.  For sentences imposed for offenses committed on or

17  after October 1, 1995, the department may grant up to 10 days

18  per month of incentive gain-time, except that no prisoner is

19  eligible to earn any type of gain-time in an amount that would

20  cause a sentence to expire, end, or terminate, or that would

21  result in a prisoner's release, prior to serving a minimum of

22  85 percent of the sentence imposed. When determining whether

23  this section applies to sentences imposed for offenses with

24  continuing or indeterminate offense dates, the department

25  shall use the beginning date of the offense as charged in the

26  indictment or information. For purposes of this subparagraph,

27  credits awarded by the court for time physically incarcerated

28  shall be credited toward satisfaction of 85 percent of the

29  sentence imposed. Except as provided by this section, a

30  prisoner shall not accumulate further gain-time awards at any

31  point when the tentative release date is the same as that date

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No. 5





 1  at which the prisoner will have served 85 percent of the

 2  sentence imposed. State prisoners sentenced to life

 3  imprisonment shall be incarcerated for the rest of their

 4  natural lives, unless granted pardon or clemency.

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 6  (Redesignate subsequent sections.)

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 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 1, line 28, following the semicolon

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13  insert:

14         amending s. 944.275, F.S.; prescribing

15         guidelines for determining grants of gain-time;

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