Bill Text: FL S0572 | 2020 | Regular Session | Comm Sub
Bill Title: Release from Imprisonment
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2020-03-14 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0572 Detail]
Download: Florida-2020-S0572-Comm_Sub.html
Florida Senate - 2020 CS for SB 572 By the Committee on Criminal Justice; and Senators Brandes and Perry 591-02025-20 2020572c1 1 A bill to be entitled 2 An act relating to release from imprisonment; amending 3 s. 921.002, F.S.; revising a principle of the Criminal 4 Punishment Code relating to a prisoner’s required 5 minimum term of imprisonment; amending s. 944.275, 6 F.S.; revising the incentive gain-time that the 7 Department of Corrections may grant a prisoner; 8 providing exceptions; providing that an inmate is 9 considered in the care, custody, supervision, or 10 control of the Department of Corrections when 11 participating in specified programs and may receive 12 credit towards specified portions of a sentence for 13 such participation; amending s. 945.091, F.S.; 14 authorizing the department to extend the limits of 15 confinement to allow an inmate to participate in 16 supervised community release, subject to certain 17 requirements, as prescribed by the department by rule; 18 providing that an inmate participating in such 19 supervised community release is considered to be in 20 the custody, care, supervision, and control of the 21 department; authorizing the department to terminate 22 the inmate’s supervised community release under 23 certain circumstances; providing that an inmate 24 participating in supervised community release is 25 eligible to earn or lose gain-time, subject to certain 26 restrictions; prohibiting the inmate from being 27 counted in the population of the prison system; 28 prohibiting the inmate’s approved community-based 29 housing location from being counted in the capacity 30 figures for the prison system; reenacting ss. 31 775.084(4)(k) and 921.002(1)(e), F.S., relating to 32 violent criminals and habitual offenders and the 33 Criminal Punishment Code, respectively, to incorporate 34 the amendment made to s. 944.275, F.S., in references 35 thereto; reenacting s. 946.503(2), F.S., relating to 36 the definition of the term “correctional work program” 37 to incorporate the amendment made to s. 945.091, F.S., 38 in a reference thereto; providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Paragraph (e) of subsection (1) of section 43 921.002, Florida Statutes, is amended to read: 44 921.002 The Criminal Punishment Code.—The Criminal 45 Punishment Code shall apply to all felony offenses, except 46 capital felonies, committed on or after October 1, 1998. 47 (1) The provision of criminal penalties and of limitations 48 upon the application of such penalties is a matter of 49 predominantly substantive law and, as such, is a matter properly 50 addressed by the Legislature. The Legislature, in the exercise 51 of its authority and responsibility to establish sentencing 52 criteria, to provide for the imposition of criminal penalties, 53 and to make the best use of state prisons so that violent 54 criminal offenders are appropriately incarcerated, has 55 determined that it is in the best interest of the state to 56 develop, implement, and revise a sentencing policy. The Criminal 57 Punishment Code embodies the principles that: 58 (e) The sentence imposed by the sentencing judge reflects 59 the length of actual time to be served, shortened only by the 60 application of incentive and meritorious gain-time as provided 61 by law, and may not be shortened if the defendant would 62 consequently serve less than 65 percent of his or her term of 63 imprisonment as provided in s. 944.275(4)(b)3.a. or less than 85 64 percent of his or her term of imprisonment as provided in s. 65 944.275(4) or s. 944.275(4)(b)3.b. The provisions of chapter 66 947, relating to parole, shall not apply to persons sentenced 67 under the Criminal Punishment Code. 68 Section 2. Paragraphs (b) and (f) of subsection (4) of 69 section 944.275, Florida Statutes, are amended to read: 70 944.275 Gain-time.— 71 (4) 72 (b) For each month in which an inmate works diligently, 73 participates in training, uses time constructively, or otherwise 74 engages in positive activities, the department may grant 75 incentive gain-time in accordance with this paragraph. The rate 76 of incentive gain-time in effect on the date the inmate 77 committed the offense thatwhichresulted in his or her 78 incarceration shall be the inmate’s rate of eligibility to earn 79 incentive gain-time throughout the period of incarceration and 80 mayshallnot be altered by a subsequent change in the severity 81 level of the offense for which the inmate was sentenced. 82 1. For sentences imposed for offenses committed before 83prior toJanuary 1, 1994, up to 20 days of incentive gain-time 84 may be granted. If granted, such gain-time shall be credited and 85 applied monthly. 86 2. For sentences imposed for offenses committed on or after 87 January 1, 1994, and before October 1, 1995: 88 a. For offenses ranked in offense severity levels 1 through 89 7, under former s. 921.0012 or former s. 921.0013, up to 25 days 90 of incentive gain-time may be granted. If granted, such gain 91 time shall be credited and applied monthly. 92 b. For offenses ranked in offense severity levels 8, 9, and 93 10, under former s. 921.0012 or former s. 921.0013, up to 20 94 days of incentive gain-time may be granted. If granted, such 95 gain-time shall be credited and applied monthly. 96 3. For sentences imposed for offenses, regardless of the 97 date committed, the department may grant up to 20 days per month 98 of incentive gain-time, except that: 99 a. If the offense is a nonviolent felony, as defined in s. 100 948.08(6), the prisoner is not eligible to earn any type of 101 gain-time in an amount that would cause a sentence to expire, 102 end, or terminate, or that would result in a prisoner’s release, 103 before he or she serves a minimum of 65 percent of the sentence 104 imposed. For purposes of this sub-subparagraph, credits awarded 105 by the court for time physically incarcerated must be credited 106 toward satisfaction of 65 percent of the sentence imposed. A 107 prisoner who is granted incentive gain-time pursuant to this 108 sub-subparagraph may not accumulate further gain-time awards at 109 any point when the tentative release date is the same as that 110 date at which the prisoner will have served 65 percent of the 111 sentence imposed. State prisoners sentenced to life imprisonment 112 must be incarcerated for the rest of their natural lives, unless 113 granted pardon or clemency. 114 b. If the offense is not a nonviolent felony, as defined in 115 s. 948.08(6), the prisoner is not eligible to earn any type of 116 gain-time in an amount that would cause a sentence to expire, 117 end, or terminate, or that would result in a prisoner’s release, 118 before he or she serves a minimum of 85 percent of the sentence 119 imposed. For purposes of this sub-subparagraph, credits awarded 120 by the court for time physically incarcerated must be credited 121 toward satisfaction of 85 percent of the sentence imposed. A 122 prisoner who is granted incentive gain-time pursuant to this 123 sub-subparagraph may not accumulate further gain-time awards at 124 any point when the tentative release date is the same as that 125 date at which the prisoner will have served 85 percent of the 126 sentence imposed. State prisoners sentenced to life imprisonment 127 must be incarcerated for the rest of their natural lives, unless 128 granted pardon or clemencyFor sentences imposed for offenses129committed on or after October 1, 1995, the department may grant130up to 10 days per month of incentive gain-time. 131 (f) An inmate who is subject to subparagraph (b)3. is not 132 eligible to earn or receive gain-time under paragraph (a), 133 paragraph (b), paragraph (c), or paragraph (d) or any other type 134 of gain-time in an amount that would cause a sentence to expire, 135 end, or terminate, or that would result in a prisoner’s release, 136 prior to serving a minimum of 85 percent of the sentence 137 imposed. For purposes of this paragraph, credits awarded by the 138 court for time physically incarcerated or time spent in the 139 department’s care, custody, supervision, or control through 140 participation in a program under s. 945.091 shall be credited 141 toward satisfaction of 85 percent of the sentence imposed. 142 Except as provided by this section, a prisoner may not 143 accumulate further gain-time awards at any point when the 144 tentative release date is the same as that date at which the 145 prisoner will have served 85 percent of the sentence imposed. 146 State prisoners sentenced to life imprisonment shall be 147 incarcerated for the rest of their natural lives, unless granted 148 pardon or clemency. 149 Section 3. Paragraph (d) is added to subsection (1) of 150 section 945.091, Florida Statutes, to read: 151 945.091 Extension of the limits of confinement; restitution 152 by employed inmates.— 153 (1) The department may adopt rules permitting the extension 154 of the limits of the place of confinement of an inmate as to 155 whom there is reasonable cause to believe that the inmate will 156 honor his or her trust by authorizing the inmate, under 157 prescribed conditions and following investigation and approval 158 by the secretary, or the secretary’s designee, who shall 159 maintain a written record of such action, to leave the confines 160 of that place unaccompanied by a custodial agent for a 161 prescribed period of time to: 162 (d) Participate in supervised community release as 163 prescribed by the department by rule. An inmate who has a 164 sentence of 2 years or more may begin participation in 165 supervised community release 365 days before his or her 166 provisional or tentative release date. The supervised community 167 release may include active electronic monitoring and community 168 control as defined in s. 948.001. An inmate participating in 169 such supervised community release is considered to be in the 170 custody, care, supervision, and control of the department for 171 purposes of ss. 921.002 and 944.275 and must be assigned to the 172 caseload of a community control officer. The department must 173 administer a risk assessment instrument to appropriately 174 determine an inmate’s ability to be released pursuant to this 175 paragraph. 176 1. If a participating inmate fails to comply with the 177 conditions prescribed in the department’s rule for supervised 178 community release, the department may terminate the inmate’s 179 supervised community release and return him or her to the same 180 or another institution designated by the department. A law 181 enforcement officer or a probation officer may arrest the inmate 182 without a warrant in accordance with s. 948.06, if there are 183 reasonable grounds to believe he or she has violated the terms 184 and conditions of supervised community release. The law 185 enforcement officer must report the inmate’s alleged violations 186 to the supervising probation office or the department’s 187 emergency action center for disposition of disciplinary charges 188 as prescribed by the department by rule. 189 2. An inmate participating in supervised community release 190 under this paragraph remains eligible to earn or lose gain-time 191 in accordance with s. 944.275 and department rule, but may not 192 receive gain-time or other sentence credit in an amount that 193 would cause his or her sentence to expire, end, or terminate, or 194 that would result in his or her release before serving a minimum 195 of 85 percent of the sentence imposed. The inmate may not be 196 counted in the population of the prison system, and the inmate’s 197 approved community-based housing location may not be counted in 198 the capacity figures for the prison system. 199 Section 4. For the purpose of incorporating the amendment 200 made by this act to section 944.275, Florida Statutes, in a 201 reference thereto, paragraph (k) of subsection (4) of section 202 775.084, Florida Statutes, is reenacted to read: 203 775.084 Violent career criminals; habitual felony offenders 204 and habitual violent felony offenders; three-time violent felony 205 offenders; definitions; procedure; enhanced penalties or 206 mandatory minimum prison terms.— 207 (4) 208 (k)1. A defendant sentenced under this section as a 209 habitual felony offender, a habitual violent felony offender, or 210 a violent career criminal is eligible for gain-time granted by 211 the Department of Corrections as provided in s. 944.275(4)(b). 212 2. For an offense committed on or after October 1, 1995, a 213 defendant sentenced under this section as a violent career 214 criminal is not eligible for any form of discretionary early 215 release, other than pardon or executive clemency, or conditional 216 medical release granted pursuant to s. 947.149. 217 3. For an offense committed on or after July 1, 1999, a 218 defendant sentenced under this section as a three-time violent 219 felony offender shall be released only by expiration of sentence 220 and shall not be eligible for parole, control release, or any 221 form of early release. 222 Section 5. For the purpose of incorporating the amendment 223 made by this act to section 944.275, Florida Statutes, in a 224 reference thereto, paragraph (e) of subsection (1) of section 225 921.002, Florida Statutes, is reenacted to read: 226 921.002 The Criminal Punishment Code.—The Criminal 227 Punishment Code shall apply to all felony offenses, except 228 capital felonies, committed on or after October 1, 1998. 229 (1) The provision of criminal penalties and of limitations 230 upon the application of such penalties is a matter of 231 predominantly substantive law and, as such, is a matter properly 232 addressed by the Legislature. The Legislature, in the exercise 233 of its authority and responsibility to establish sentencing 234 criteria, to provide for the imposition of criminal penalties, 235 and to make the best use of state prisons so that violent 236 criminal offenders are appropriately incarcerated, has 237 determined that it is in the best interest of the state to 238 develop, implement, and revise a sentencing policy. The Criminal 239 Punishment Code embodies the principles that: 240 (e) The sentence imposed by the sentencing judge reflects 241 the length of actual time to be served, shortened only by the 242 application of incentive and meritorious gain-time as provided 243 by law, and may not be shortened if the defendant would 244 consequently serve less than 85 percent of his or her term of 245 imprisonment as provided in s. 944.275(4). The provisions of 246 chapter 947, relating to parole, shall not apply to persons 247 sentenced under the Criminal Punishment Code. 248 Section 6. For the purpose of incorporating the amendment 249 made by this act to section 945.091, Florida Statutes, in a 250 reference thereto, subsection (2) of section 946.503, Florida 251 Statutes, is reenacted to read: 252 946.503 Definitions to be used with respect to correctional 253 work programs.—As used in this part, the term: 254 (2) “Correctional work program” means any program presently 255 a part of the prison industries program operated by the 256 department or any other correctional work program carried on at 257 any state correctional facility presently or in the future, but 258 the term does not include any program authorized by s. 945.091 259 or s. 946.40. 260 Section 7. This act shall take effect October 1, 2020.