Senate Bill sb0240c1

    Florida Senate - 2001                            CS for SB 240

    By the Committee on Criminal Justice and Senator Smith





    307-681-01

  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         944.17, F.S.; requiring that a prisoner

  4         sentenced for a crime committed during

  5         incarceration in the state correctional system

  6         serve the sentence for such crime in the state

  7         system, regardless of the length of sentence

  8         imposed; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Subsection (3) of section 944.17, Florida

13  Statutes, is amended to read:

14         944.17  Commitments and classification; transfers.--

15         (3)(a)  Notwithstanding the provisions of s. 948.03,

16  only those persons who are convicted and sentenced in circuit

17  court to a cumulative sentence of incarceration for 1 year or

18  more, whether sentence is imposed in the same or separate

19  circuits, may be received by the department into the state

20  correctional system. Such persons shall be delivered to the

21  custody of the department at such reception and classification

22  centers as shall be provided for this purpose.

23         (b)  Notwithstanding paragraph (a), any prisoner

24  incarcerated in the state correctional system or private

25  correctional facility operated pursuant to chapter 957 who is

26  convicted in circuit or county court of a crime committed

27  during that incarceration shall serve the sentence imposed for

28  that crime within the state correctional system regardless of

29  the length of sentence or classification of the offense.

30         (c)1.  When the highest ranking offense for which the

31  prisoner is convicted is a felony, the trial court shall

                                  1

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






    Florida Senate - 2001                            CS for SB 240
    307-681-01




  1  sentence the prisoner pursuant to the Criminal Punishment Code

  2  in chapter 921.

  3         2.  When the highest ranking offense for which the

  4  prisoner is convicted is a misdemeanor, the trial court shall

  5  sentence the prisoner pursuant to s. 775.082(4).

  6         Section 2.  This act shall take effect July 1, 2001.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                         Senate Bill 240

10

11
    1.    Provides technical change.
12
    2.    Deletes requirement for consecutive sentencing
13        originally called for in the bill.

14  3.    Adds sentencing directions for trial court.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2

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