Florida Senate - 2015                                    SB 1256
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-01299-15                                           20151256__
    1                        A bill to be entitled                      
    2         An act relating to educational achievement gain-time;
    3         amending s. 921.002, F.S.; conforming provisions to
    4         changes made by the act; amending s. 944.275, F.S.;
    5         increasing the amount of incentive gain-time an inmate
    6         must be awarded for certain educational achievements;
    7         requiring that such an inmate must still serve a
    8         specified percentage of his or her term of
    9         imprisonment; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (e) of subsection (1) of section
   14  921.002, Florida Statutes, is amended to read:
   15         921.002 The Criminal Punishment Code.—The Criminal
   16  Punishment Code shall apply to all felony offenses, except
   17  capital felonies, committed on or after October 1, 1998.
   18         (1) The provision of criminal penalties and of limitations
   19  upon the application of such penalties is a matter of
   20  predominantly substantive law and, as such, is a matter properly
   21  addressed by the Legislature. The Legislature, in the exercise
   22  of its authority and responsibility to establish sentencing
   23  criteria, to provide for the imposition of criminal penalties,
   24  and to make the best use of state prisons so that violent
   25  criminal offenders are appropriately incarcerated, has
   26  determined that it is in the best interest of the state to
   27  develop, implement, and revise a sentencing policy. The Criminal
   28  Punishment Code embodies the principles that:
   29         (e) The sentence imposed by the sentencing judge reflects
   30  the length of actual time to be served, shortened only by the
   31  application of incentive and meritorious gain-time as provided
   32  by law, and may not be shortened if the defendant would
   33  consequently serve less than 85 percent of his or her term of
   34  imprisonment as provided in s. 944.275(4)(b)3. or if the
   35  defendant would consequently serve less than 70 percent of his
   36  or her term of imprisonment as provided in s. 944.275(4)(d). The
   37  provisions of chapter 947, relating to parole, shall not apply
   38  to persons sentenced under the Criminal Punishment Code.
   39         Section 2. Paragraph (d) of subsection (4) of section
   40  944.275, Florida Statutes, is amended to read:
   41         944.275 Gain-time.—
   42         (4)
   43         (d) Notwithstanding subparagraphs (b)1., and 2., and 3.,
   44  the education program manager shall recommend, and the
   45  department shall of Corrections may grant, a one-time award of
   46  120 60 additional days of incentive gain-time to an inmate who
   47  is otherwise eligible and who successfully completes
   48  requirements for and is awarded a high school equivalency
   49  diploma or vocational certificate. If the application of the 120
   50  days of incentive gain-time under this paragraph would result in
   51  an inmate serving less than 70 percent of his or her term of
   52  imprisonment, the department must grant the inmate the amount of
   53  incentive gain-time that results in the inmate serving 70
   54  percent of his or her term of imprisonment. Under no
   55  circumstances may an inmate receive more than 120 60 days for
   56  educational attainment pursuant to this section.
   57         Section 3. This act shall take effect July 1, 2015.