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.