January 24, 2021
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       Florida Senate - 2010                             CS for SB 1396
       
       
       
       By the Committee on Criminal and Civil Justice Appropriations;
       and Senator Crist
       
       
       
       604-03287-10                                          20101396c1
    1                        A bill to be entitled                      
    2         An act relating to incentive gain-time; amending s.
    3         944.275, F.S.; prohibiting an inmate from receiving
    4         incentive gain-time credits for completing the
    5         requirements for and receiving a general educational
    6         development certificate or vocational certificate if
    7         the inmate was convicted of a specified offense on or
    8         after a specified date; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (4) of section 944.275, Florida
   13  Statutes, is amended to read:
   14         944.275 Gain-time.—
   15         (4)(a) As a means of encouraging satisfactory behavior, the
   16  department shall grant basic gain-time at the rate of 10 days
   17  for each month of each sentence imposed on a prisoner, subject
   18  to the following:
   19         1. Portions of any sentences to be served concurrently
   20  shall be treated as a single sentence when determining basic
   21  gain-time.
   22         2. Basic gain-time for a partial month shall be prorated on
   23  the basis of a 30-day month.
   24         3. When a prisoner receives a new maximum sentence
   25  expiration date because of additional sentences imposed, basic
   26  gain-time shall be granted for the amount of time the maximum
   27  sentence expiration date was extended.
   28         (b) For each month in which an inmate works diligently,
   29  participates in training, uses time constructively, or otherwise
   30  engages in positive activities, the department may grant
   31  incentive gain-time in accordance with this paragraph. The rate
   32  of incentive gain-time in effect on the date the inmate
   33  committed the offense which resulted in his or her incarceration
   34  shall be the inmate’s rate of eligibility to earn incentive
   35  gain-time throughout the period of incarceration and shall not
   36  be altered by a subsequent change in the severity level of the
   37  offense for which the inmate was sentenced.
   38         1. For sentences imposed for offenses committed prior to
   39  January 1, 1994, up to 20 days of incentive gain-time may be
   40  granted. If granted, such gain-time shall be credited and
   41  applied monthly.
   42         2. For sentences imposed for offenses committed on or after
   43  January 1, 1994, and before October 1, 1995:
   44         a. For offenses ranked in offense severity levels 1 through
   45  7, under s. 921.0012 or s. 921.0013, up to 25 days of incentive
   46  gain-time may be granted. If granted, such gain-time shall be
   47  credited and applied monthly.
   48         b. For offenses ranked in offense severity levels 8, 9, and
   49  10, under s. 921.0012 or s. 921.0013, up to 20 days of incentive
   50  gain-time may be granted. If granted, such gain-time shall be
   51  credited and applied monthly.
   52         3. For sentences imposed for offenses committed on or after
   53  October 1, 1995, the department may grant up to 10 days per
   54  month of incentive gain-time, except that no prisoner is
   55  eligible to earn any type of gain-time in an amount that would
   56  cause a sentence to expire, end, or terminate, or that would
   57  result in a prisoner’s release, prior to serving a minimum of 85
   58  percent of the sentence imposed. For purposes of this
   59  subparagraph, credits awarded by the court for time physically
   60  incarcerated shall be credited toward satisfaction of 85 percent
   61  of the sentence imposed. Except as provided by this section, a
   62  prisoner shall not accumulate further gain-time awards at any
   63  point when the tentative release date is the same as that date
   64  at which the prisoner will have served 85 percent of the
   65  sentence imposed. State prisoners sentenced to life imprisonment
   66  shall be incarcerated for the rest of their natural lives,
   67  unless granted pardon or clemency.
   68         (c) An inmate who performs some outstanding deed, such as
   69  saving a life or assisting in recapturing an escaped inmate, or
   70  who in some manner performs an outstanding service that would
   71  merit the granting of additional deductions from the term of his
   72  or her sentence may be granted meritorious gain-time of from 1
   73  to 60 days.
   74         (d) Notwithstanding subparagraphs (b)1. and 2., the
   75  education program manager shall recommend, and the Department of
   76  Corrections may grant, a one-time award of 60 additional days of
   77  incentive gain-time to an inmate who is otherwise eligible and
   78  who successfully completes requirements for and is awarded a
   79  general educational development certificate or vocational
   80  certificate. This incentive gain-time award may be granted to
   81  reduce any sentence for an offense committed on or after October
   82  1, 1995. However, this gain-time may not be granted to reduce
   83  any sentence for an offense committed on or after October 1,
   84  1995, if the inmate is, or has previously been, convicted of a
   85  violation of s. 794.011, s. 794.05, s. 796.03, s. 796.035, s.
   86  800.04, s. 825.1025, s. 827.03, s. 827.071, s. 847.0133, s.
   87  847.0135, s. 847.0137, s. 847.0138, s. 847.0145, s. 985.701(1),
   88  or a forcible felony offense that is specifically set forth in
   89  s. 776.08, except burglary under s. 810.02(4). Under no
   90  circumstances may an inmate receive more than 60 days for
   91  educational attainment pursuant to this section.
   92         Section 2. This act shall take effect July 1, 2010.

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