Florida Senate - 2022 SB 1486 By Senator Bracy 11-01550-22 20221486__ 1 A bill to be entitled 2 An act relating to gain-time; amending s. 921.002, 3 F.S.; revising a principle of the Criminal Punishment 4 Code relating to a prisoners required minimum term of 5 imprisonment; amending s. 944.275, F.S.; revising the 6 incentive gain-time that the Department of Corrections 7 may grant a prisoner; providing exceptions; providing 8 an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1.Paragraph (e) of subsection (1) of section 13 921.002, Florida Statutes, is amended to read: 14 921.002The Criminal Punishment Code.The Criminal 15 Punishment Code shall apply to all felony offenses, except 16 capital felonies, committed on or after October 1, 1998. 17 (1)The provision of criminal penalties and of limitations 18 upon the application of such penalties is a matter of 19 predominantly substantive law and, as such, is a matter properly 20 addressed by the Legislature. The Legislature, in the exercise 21 of its authority and responsibility to establish sentencing 22 criteria, to provide for the imposition of criminal penalties, 23 and to make the best use of state prisons so that violent 24 criminal offenders are appropriately incarcerated, has 25 determined that it is in the best interest of the state to 26 develop, implement, and revise a sentencing policy. The Criminal 27 Punishment Code embodies the principles that: 28 (e)The sentence imposed by the sentencing judge reflects 29 the length of actual time to be served, shortened only by the 30 application of incentive and meritorious gain-time as provided 31 by law, and may not be shortened if the defendant would 32 consequently serve less than 65 percent of his or her term of 33 imprisonment as provided in s. 944.275(4)(b)3.a. or less than 85 34 percent of his or her term of imprisonment as provided in s. 35 944.275(4) or s. 944.275(4)(b)3.b. The provisions of chapter 36 947, relating to parole, shall not apply to persons sentenced 37 under the Criminal Punishment Code. 38 Section 2.Paragraphs (b) and (f) of subsection (4) of 39 section 944.275, Florida Statutes, are amended to read: 40 944.275Gain-time. 41 (4) 42 (b)For each month in which an inmate works diligently, 43 participates in training, uses time constructively, or otherwise 44 engages in positive activities, the department may grant 45 incentive gain-time in accordance with this paragraph. The rate 46 of incentive gain-time in effect on the date the inmate 47 committed the offense that which resulted in his or her 48 incarceration shall be the inmates rate of eligibility to earn 49 incentive gain-time throughout the period of incarceration and 50 may shall not be altered by a subsequent change in the severity 51 level of the offense for which the inmate was sentenced. 52 1.For sentences imposed for offenses committed before 53 prior to January 1, 1994, up to 20 days of incentive gain-time 54 may be granted. If granted, such gain-time shall be credited and 55 applied monthly. 56 2.For sentences imposed for offenses committed on or after 57 January 1, 1994, and before October 1, 1995: 58 a.For offenses ranked in offense severity levels 1 through 59 7, under former s. 921.0012 or former s. 921.0013, up to 25 days 60 of incentive gain-time may be granted. If granted, such gain 61 time shall be credited and applied monthly. 62 b.For offenses ranked in offense severity levels 8, 9, and 63 10, under former s. 921.0012 or former s. 921.0013, up to 20 64 days of incentive gain-time may be granted. If granted, such 65 gain-time shall be credited and applied monthly. 66 3.For sentences imposed for offenses, regardless of the 67 date committed, the department may grant up to 20 days per month 68 of incentive gain-time, except that: 69 a.If the offense is a nonviolent felony, as defined in s. 70 948.08(6), the prisoner is not eligible to earn any type of 71 gain-time in an amount that would cause a sentence to expire, 72 end, or terminate, or that would result in a prisoners release, 73 before he or she serves a minimum of 65 percent of the sentence 74 imposed. For purposes of this sub-subparagraph, credits awarded 75 by the court for time physically incarcerated must be credited 76 toward satisfaction of 65 percent of the sentence imposed. A 77 prisoner granted incentive gain-time pursuant to this sub 78 subparagraph may not accumulate further gain-time awards at any 79 point when the tentative release date is the same as that date 80 on which the prisoner will have served 65 percent of the 81 sentence imposed. State prisoners sentenced to life imprisonment 82 must be incarcerated for the rest of their natural lives, unless 83 granted pardon or clemency. 84 b.If the offense is not a nonviolent felony, as defined in 85 s. 948.08(6), the prisoner is not eligible to earn any type of 86 gain-time in an amount that would cause a sentence to expire, 87 end, or terminate, or that would result in a prisoners release, 88 before he or she serves a minimum of 85 percent of the sentence 89 imposed. For purposes of this sub-subparagraph, credits awarded 90 by the court for time physically incarcerated must be credited 91 toward satisfaction of 85 percent of the sentence imposed. A 92 prisoner granted incentive gain-time pursuant to this sub 93 subparagraph may not accumulate further gain-time awards at any 94 point when the tentative release date is the same as that date 95 on which the prisoner will have served 85 percent of the 96 sentence imposed. State prisoners sentenced to life imprisonment 97 must be incarcerated for the rest of their natural lives, unless 98 granted pardon or clemency For sentences imposed for offenses 99 committed on or after October 1, 1995, the department may grant 100 up to 10 days per month of incentive gain-time. 101 (f)An inmate who is subject to subparagraph (b)3. is not 102 eligible to earn or receive gain-time under paragraph (a), 103 paragraph (b), paragraph (c), or paragraph (d) or any other type 104 of gain-time in an amount that would cause a sentence to expire, 105 end, or terminate, or that would result in a prisoners release, 106 before prior to serving a minimum of 85 percent of the sentence 107 imposed. For purposes of this paragraph, credits awarded by the 108 court for time physically incarcerated shall be credited toward 109 satisfaction of 85 percent of the sentence imposed. Except as 110 provided by this section, a prisoner may not accumulate further 111 gain-time awards at any point when the tentative release date is 112 the same as that date on at which the prisoner will have served 113 85 percent of the sentence imposed. State prisoners sentenced to 114 life imprisonment shall be incarcerated for the rest of their 115 natural lives, unless granted pardon or clemency. 116 Section 3.This act shall take effect July 1, 2022.