Florida Senate - 2021                                    SB 1578
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01837-21                                           20211578__
    1                        A bill to be entitled                      
    2         An act relating to the term of imprisonment served by
    3         inmates; amending s. 921.002, F.S.; conforming
    4         provisions to changes made by the act; amending s.
    5         944.275, F.S.; providing for additional incentive
    6         gain-time awards for inmates for certain actions;
    7         requiring periodic reviews of the records of certain
    8         inmates to determine eligibility for specified gain
    9         time awards; reducing the minimum amount of time that
   10         must be served by certain inmates; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (e) of subsection (1) of section
   16  921.002, Florida Statutes, is amended to read:
   17         921.002 The Criminal Punishment Code.—The Criminal
   18  Punishment Code shall apply to all felony offenses, except
   19  capital felonies, committed on or after October 1, 1998.
   20         (1) The provision of criminal penalties and of limitations
   21  upon the application of such penalties is a matter of
   22  predominantly substantive law and, as such, is a matter properly
   23  addressed by the Legislature. The Legislature, in the exercise
   24  of its authority and responsibility to establish sentencing
   25  criteria, to provide for the imposition of criminal penalties,
   26  and to make the best use of state prisons so that violent
   27  criminal offenders are appropriately incarcerated, has
   28  determined that it is in the best interest of the state to
   29  develop, implement, and revise a sentencing policy. The Criminal
   30  Punishment Code embodies the principles that:
   31         (e) The sentence imposed by the sentencing judge reflects
   32  the length of actual time to be served, shortened only by the
   33  application of incentive and meritorious gain-time as provided
   34  by law, and may not be shortened if the defendant would
   35  consequently serve less than the minimum percentage 85 percent
   36  of his or her term of imprisonment as provided in s. 944.275(4).
   37  The provisions of chapter 947, relating to parole, do shall not
   38  apply to persons sentenced under the Criminal Punishment Code.
   39         Section 2. Present paragraphs (e) and (f) of subsection (4)
   40  of section 944.275, Florida Statutes, are redesignated as
   41  paragraphs (f) and (g), respectively, a new paragraph (e) is
   42  added to that subsection, and paragraph (d) and present
   43  paragraph (f) of that subsection are amended, to read:
   44         944.275 Gain-time.—
   45         (4)
   46         (d) Notwithstanding the monthly maximum awards of incentive
   47  gain-time under subparagraphs (b)1., 2., and 3., the education
   48  program manager shall recommend, and the department of
   49  Corrections may grant, up to three awards a one-time award of
   50  180 60 additional days of incentive gain-time to an inmate who
   51  is otherwise eligible and who successfully completes
   52  requirements for and is, or has been during the current
   53  commitment, awarded a high school equivalency diploma or
   54  vocational certificate or who completes any other education,
   55  career, or technical education program, including the prison
   56  entrepreneurship program and any character-based program. Under
   57  no circumstances may an inmate receive more than 180 60 days for
   58  educational attainment pursuant to this section.
   59         (e)Notwithstanding the monthly maximum awards of incentive
   60  gain-time under subparagraphs (b)1., 2., and 3., the department
   61  may grant up to three awards of 180 additional days of incentive
   62  gain-time to an inmate who is serving a sentence for a
   63  nonviolent felony as defined in s. 948.20 and who has used his
   64  or her time constructively considering the availability and
   65  accessibility of education, work assignments, and any other
   66  programming where the inmate has been incarcerated. The
   67  department shall review an inmate’s record to determine
   68  eligibility for such an award at the time the inmate completes
   69  25 percent, 50 percent, and 75 percent of the sentence imposed.
   70         (g)(f) An inmate who is subject to subparagraph (b)3. is
   71  not eligible to earn or receive gain-time under paragraph (a),
   72  paragraph (b), paragraph (c), or paragraph (d), or paragraph (e)
   73  or any other type of gain-time in an amount that would cause a
   74  sentence to expire, end, or terminate, or that would result in a
   75  prisoner’s release, before prior to serving a minimum of 65
   76  percent of the sentence imposed for an inmate who is serving a
   77  sentence for a nonviolent felony as defined in s. 948.20, or 85
   78  percent of the sentence imposed for an inmate who is serving a
   79  sentence for an offense other than a nonviolent felony as
   80  defined in s. 948.20. For purposes of this paragraph, credits
   81  awarded by the court for time physically incarcerated shall be
   82  credited toward satisfaction of the minimum percentage 85
   83  percent of the sentence imposed. Except as provided by this
   84  section, a prisoner may not accumulate further gain-time awards
   85  at any point when the tentative release date is the same as that
   86  date at which the prisoner will have served the minimum
   87  percentage 85 percent of the sentence imposed. State prisoners
   88  sentenced to life imprisonment shall be incarcerated for the
   89  rest of their natural lives, unless granted pardon or clemency.
   90         Section 3. This act shall take effect July 1, 2021.