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.