F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 171 2022
1 A bill to be entitled
2 An act relating to criminal rehabilitation; amending
3 s. 921.002, F.S.; revising the legislative intent of
4 the Criminal Punishment Code; specifying that to
5 rehabilitate the offender to transition back to the
6 community successfully is one of the primary purposes
7 of sentencing; reducing the minimum sentence that must
8 be served by a defendant from 85 percent of the
9 sentence to 65 percent; amending s. 944.275, F.S.;
10 revising provisions concerning gain time to provide
11 for outstanding deed gain-time, good behavior time,
12 and rehabilitation credits; providing requirements for
13 such gain-time and credits; providing for amounts to
14 be awarded; revising limits on the award of gain time;
15 reducing the minimum sentence that must be served by a
16 defendant from 85 percent of the sentence to 65
17 percent; amending ss. 316.027, 316.1935, 381.004,
18 775.084, 775.0845, 775.0847, 775.0861, 775.0862,
19 775.087, 775.0875, 777.03, 777.04, 784.07, 794.011,
20 794.0115, 794.023, 812.081, 817.568, 831.032, 843.22,
21 874.04, 944.281, 944.473, 944.70, 944.801, and
22 947.005, F.S.; conforming provisions to changes made
23 by the act; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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26
27 Section 1. Subsection (1) of section 921.002, Florida
28 Statutes, is amended to read:
29 921.002 The Criminal Punishment Code.—The Criminal
30 Punishment Code shall apply to all felony offenses, except
31 capital felonies, committed on or after October 1, 1998.
32 (1) The provision of criminal penalties and of limitations
33 upon the application of such penalties is a matter of
34 predominantly substantive law and, as such, is a matter properly
35 addressed by the Legislature. The Legislature, in the exercise
36 of its authority and responsibility to establish sentencing
37 criteria, to provide for the imposition of criminal penalties,
38 and to make the best use of state prisons so that violent
39 criminal offenders are appropriately punished and rehabilitated
40 incarcerated, has determined that it is in the best interest of
41 the state to develop, implement, and revise a sentencing policy.
42 The Criminal Punishment Code embodies the principles that:
43 (a) Sentencing is neutral with respect to race, gender,
44 and social and economic status.
45 (b) The dual purposes primary purpose of sentencing in the
46 criminal justice system are is to punish the offender and
47 rehabilitate the offender to transition back to the community
48 successfully. Rehabilitation is a desired goal of the criminal
49 justice system but is subordinate to the goal of punishment.
50 (c) The penalty imposed is commensurate with the severity
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51 of the primary offense and the circumstances surrounding the
52 primary offense.
53 (d) The severity of the sentence increases with the length
54 and nature of the offender's prior record.
55 (e) The sentence imposed by the sentencing judge reflects
56 the length of actual time to be served, shortened only by the
57 application of outstanding deed incentive and meritorious gain-
58 time, good behavior time, and rehabilitation credits as provided
59 by law, and may not be shortened if the defendant would
60 consequently serve less than 65 85 percent of his or her term of
61 imprisonment as provided in s. 944.275(4). The provisions of
62 chapter 947, relating to parole, shall not apply to persons
63 sentenced under the Criminal Punishment Code.
64 (f) Departures below the lowest permissible sentence
65 established by the code must be articulated in writing by the
66 trial court judge and made only when circumstances or factors
67 reasonably justify the mitigation of the sentence. The level of
68 proof necessary to establish facts that support a departure from
69 the lowest permissible sentence is a preponderance of the
70 evidence.
71 (g) The trial court judge may impose a sentence up to and
72 including the statutory maximum for any offense, including an
73 offense that is before the court due to a violation of probation
74 or community control.
75 (h) A sentence may be appealed on the basis that it
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76 departs from the Criminal Punishment Code only if the sentence
77 is below the lowest permissible sentence or as enumerated in s.
78 924.06(1).
79 (i) Use of incarcerative sanctions is prioritized toward
80 offenders convicted of serious offenses and certain offenders
81 who have long prior records, in order to maximize the finite
82 capacities of state and local correctional facilities.
83 Section 2. Section 944.275, Florida Statutes, is amended
84 to read:
85 944.275 Outstanding deed gain-time, good behavior time,
86 and rehabilitation credits.—
87 (1) The department is authorized to grant deductions from
88 sentences in the form of outstanding deed gain-time, good
89 behavior time, and rehabilitation credits in order to encourage
90 satisfactory prisoner behavior, to provide incentive for
91 prisoners to participate in productive activities, and to reward
92 prisoners who perform outstanding deeds or services.
93 (2)(a) The department shall establish for each prisoner
94 sentenced to a term of years a "maximum sentence expiration
95 date," which shall be the date when the sentence or combined
96 sentences imposed on a prisoner will expire. In establishing
97 this date, the department shall reduce the total time to be
98 served by any time lawfully credited.
99 (b) When a prisoner with an established maximum sentence
100 expiration date is sentenced to an additional term or terms
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101 without having been released from custody, the department shall
102 extend the maximum sentence expiration date by the length of
103 time imposed in the new sentence or sentences, less lawful
104 credits.
105 (c) When an escaped prisoner or a parole violator is
106 returned to the custody of the department, the maximum sentence
107 expiration date in effect when the escape occurred or the parole
108 was effective shall be extended by the amount of time the
109 prisoner was not in custody plus the time imposed in any new
110 sentence or sentences, but reduced by any lawful credits.
111 (3)(a) The department shall also establish for each
112 prisoner sentenced to a term of years a "tentative release date"
113 which shall be the date projected for the prisoner's release
114 from custody by virtue of outstanding deed gain-time, good
115 behavior time, or rehabilitation credits granted or forfeited as
116 described in this section. The initial tentative release date
117 shall be determined by deducting outstanding deed basic gain-
118 time, good behavior time, or rehabilitation credits granted from
119 the maximum sentence expiration date. Outstanding deed Other
120 gain-time, good behavior time, and rehabilitation credits shall
121 be applied when granted or restored to make the tentative
122 release date proportionately earlier; and forfeitures of good
123 behavior time gain-time, when ordered, shall be applied to make
124 the tentative release date proportionately later.
125 (b) When an initial tentative release date is
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126 reestablished because of additional sentences imposed before the
127 prisoner has completely served all prior sentences, any
128 outstanding deed gain-time, good behavior time, or
129 rehabilitation credits granted during service of a prior
130 sentence and not forfeited shall be applied.
131 (c) The tentative release date may not be later than the
132 maximum sentence expiration date.
133 (4)(a) As a means of encouraging satisfactory behavior and
134 developing character traits necessary for successfu l reentry,
135 the department shall grant good behavior time basic gain-time at
136 the rate of 10 days for each month of each sentence imposed on a
137 prisoner, subject to the following:
138 1. Portions of any sentences to be served concurrently
139 shall be treated as a single sentence when determining good
140 behavior time basic gain-time.
141 2. Good behavior time Basic gain-time for a partial month
142 shall be prorated on the basis of a 30-day month.
143 3. When a prisoner receives a new maximum sentence
144 expiration date because of additional sentences imposed, good
145 behavior time basic gain-time shall be granted for the amount of
146 time the maximum sentence expiration date was extended.
147 (b) For each month in which an inmate works diligently,
148 participates in training or education, uses time constructively,
149 or otherwise engages in positive activities, the department may
150 grant rehabilitation credits incentive gain-time in accordance
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151 with this paragraph. The rate of rehabilitation credits
152 incentive gain-time in effect on the date the inmate committed
153 the offense which resulted in his or her incarceration shall be
154 the inmate's rate of eligibility to earn rehabilitation credits
155 incentive gain-time throughout the period of incarceration and
156 shall not be altered by a subsequent change in the severity
157 level of the offense for which the inmate was sentenced.
158 1. For sentences imposed for offenses committed before
159 prior to January 1, 1994, and after October 1, 1995, up to 20
160 days of rehabilitation credits incentive gain-time may be
161 granted. If granted, such rehabilitation credits gain-time shall
162 be credited and applied monthly.
163 2. For sentences imposed for offenses committed on or
164 after January 1, 1994, and before October 1, 1995:
165 a. For offenses ranked in offense severity levels 1
166 through 7, under former s. 921.0012 or former s. 921.0013, up to
167 25 days of rehabilitation credits incentive gain-time may be
168 granted. If granted, such rehabilitation credits gain-time shall
169 be credited and applied monthly.
170 b. For offenses ranked in offense severity levels 8, 9,
171 and 10, under former s. 921.0012 or former s. 921.0013, up to 20
172 days of incentive gain-time may be granted. If granted, such
173 gain-time shall be credited and applied monthly.
174 3. For sentences imposed for offenses committed on or
175 after October 1, 1995, the department may grant up to 10 days
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176 per month of incentive gain-time.
177 (c) An inmate who performs some outstanding deed, such as
178 saving a life or assisting in recapturing an escaped inmate, or
179 who in some manner performs an outstanding service that would
180 merit the granting of additional deductions from the term of his
181 or her sentence may be granted outstanding deed meritorious
182 gain-time of from 30 1 to 60 days per outstanding deed
183 performed.
184 (d) Notwithstanding the monthly maximum awards of
185 rehabilitation credits incentive gain-time under subparagraphs
186 (b)1. and, 2., and 3., the education program manager shall
187 recommend, and the Department of Corrections shall may grant
188 awards, a one-time award of 60 additional days of rehabilitation
189 credits for successful completion of each of the following:
190 incentive gain-time to an inmate who is otherwise eligible and
191 who successfully completes requirements for and is, or has been
192 during the current commitment, awarded a high school equivalency
193 diploma, college degree, or vocational certificate, drug
194 treatment program, mental health treatment program, life skills
195 program, behavioral modification program, reentry program, or
196 equivalent rehabilitative program. Additionally, the department
197 shall grant 5 additional days of rehabilitation credits for
198 successful completion of any other department-approved program,
199 including inmate-developed programs, or a passing grade in each
200 online or in-person educational course. Rehabilitation credits
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201 awarded herein shall be retroactive. Under no circumstances may
202 an inmate receive more than 60 days for educational attainment
203 pursuant to this section.
204 (e) Notwithstanding the monthly maximum awards of
205 rehabilitation credits under subparagraphs (b)1. and 2., the
206 department may grant 2 additional days per month of good
207 behavior time to prisoners serving sentences for violations of
208 ss. 893.13 and 893.135, and such days granted shall be
209 retroactive.
210 (f)(e) Notwithstanding subparagraph (b)1. (b)3., for
211 sentences imposed for off