Florida Senate - 2022 SB 504



By Senator Perry





8-00001A-22 2022504__
1 A bill to be entitled
2 An act relating to criminal convictions; amending s.
3 921.002, F.S.; revising the principles embodied by the
4 Criminal Punishment Code as it relates to punishment
5 and rehabilitation; conforming provisions to changes
6 made by the act; amending s. 944.02, F.S.; defining
7 the term “gain-time”; amending s. 944.275, F.S.;
8 authorizing the Department of Corrections to grant
9 deductions from sentences in the form of good behavior
10 time, rehabilitation credits, and outstanding deed
11 awards, rather than solely for gain-time, for
12 specified purposes; revising the “tentative release
13 date” the department must calculate for each prisoner
14 based on his or her good behavior time, rehabilitation
15 credits, and outstanding deed awards; requiring the
16 department to grant good behavior time, rather than
17 basic gain-time, as a means of encouraging
18 satisfactory behavior and developing character traits
19 necessary for successful reentry to the community,
20 subject to certain conditions; authorizing the
21 department to grant rehabilitation credits, rather
22 than incentive gain-time, for each month during which
23 a prisoner engages in specified activities; revising
24 the rates of eligibility to earn rehabilitation
25 credits; increasing the authorized amount of
26 outstanding deed awards which a prisoner may be
27 granted per outstanding deed performed; authorizing
28 the department to grant a specified number of
29 additional days of rehabilitation credit for
30 successful completion of specified programs; defining
31 the term “life skills program”; providing for
32 retroactivity of specified rehabilitation credits;
33 authorizing the department to grant up to a certain
34 amount of additional days per month to prisoners
35 serving sentences for certain violations; providing
36 for retroactivity of specified good behavior time;
37 prohibiting certain prisoners from being eligible to
38 earn or receive good behavior time or outstanding deed
39 awards in an amount that would cause a sentence to
40 expire, end, or terminate, or that would result in a
41 prisoner’s release, before he or she serves a
42 specified minimum percentage of the sentence imposed;
43 prohibiting certain prisoners from earning or
44 receiving rehabilitation credits in an amount that
45 would cause a sentence to expire, end, or terminate,
46 or that would result in a prisoner’s release, before
47 he or she serves a specified minimum percentage of the
48 sentence imposed; providing that gain-time may be
49 forfeited according to law after due process if a
50 prisoner is found guilty of an infraction of certain
51 laws or rules; requiring the department to adopt rules
52 in accordance with the changes made by the act;
53 conforming provisions to changes made by the act;
54 making technical changes; amending s. 784.078, F.S.;
55 conforming a cross-reference; amending ss. 316.027,
56 775.0845, 775.0847, 775.0861, 775.0862, 775.087,
57 775.0875, 777.03, 777.04, 794.011, 794.023, 817.568,
58 831.032, 843.22, 874.04, 944.281, 944.473, and 944.70,
59 F.S.; conforming provisions to changes made by the
60 act; reenacting ss. 775.084(4)(k), 900.05(2)(v) and
61 (3)(e), 944.605(1), 944.607(6), 947.005(15), and
62 985.4815(6)(a), F.S., relating to gain-time granted by
63 the department, the definition of “gain-time credit
64 earned” and gain-time data that the department must
65 collect, a required notification of expiration of
66 sentence, a requirement that a digitized photograph of
67 sexual offenders be taken within a certain time before
68 release, the definition of “tentative release date,”
69 and a requirement that a digitized photograph of
70 juvenile sexual offenders be taken within a certain
71 time before release, respectively, to incorporate the
72 amendment made to s. 944.275, F.S., in references
73 thereto; providing an effective date.
74
75 Be It Enacted by the Legislature of the State of Florida:
76
77 Section 1. Subsection (1) of section 921.002, Florida
78 Statutes, is amended to read:
79 921.002 The Criminal Punishment Code.—The Criminal
80 Punishment Code shall apply to all felony offenses, except
81 capital felonies, committed on or after October 1, 1998.
82 (1) The provision of criminal penalties and of limitations
83 upon the application of such penalties is a matter of
84 predominantly substantive law and, as such, is a matter properly
85 addressed by the Legislature. The Legislature, in the exercise
86 of its authority and responsibility to establish sentencing
87 criteria, to provide for the imposition of criminal penalties,
88 and to make the best use of state prisons so that violent
89 criminal offenders are appropriately punished and rehabilitated
90 incarcerated, has determined that it is in the best interest of
91 the state to develop, implement, and revise a sentencing policy.
92 The Criminal Punishment Code embodies the principles that:
93 (a) Sentencing is neutral with respect to race, gender, and
94 social and economic status.
95 (b) The dual purposes primary purpose of sentencing in the
96 criminal justice system are is to punish the offender and
97 rehabilitate the offender so that he or she can successfully
98 transition back into the community. Rehabilitation is a desired
99 goal of the criminal justice system but is subordinate to the
100 goal of punishment.
101 (c) The penalty imposed is commensurate with the severity
102 of the primary offense and the circumstances surrounding the
103 primary offense.
104 (d) The severity of the sentence increases with the length
105 and nature of the offender’s prior record.
106 (e) The sentence imposed by the sentencing judge reflects
107 the length of actual time to be served, shortened only by the
108 application of good behavior time, rehabilitation credits, and
109 outstanding deed awards, incentive and meritorious gain-time as
110 provided by law, and may not be shortened if the defendant would
111 consequently serve less than 85 percent of his or her term of
112 imprisonment upon the application of good behavior time and
113 outstanding deed awards or 75 percent of his or her term of
114 imprisonment upon the application of rehabilitation credits, as
115 provided in s. 944.275(4). The provisions of chapter 947,
116 relating to parole, do shall not apply to persons sentenced
117 under the Criminal Punishment Code.
118 (f) Departures below the lowest permissible sentence
119 established by the code must be articulated in writing by the
120 trial court judge and made only when circumstances or factors
121 reasonably justify the mitigation of the sentence. The level of
122 proof necessary to establish facts that support a departure from
123 the lowest permissible sentence is a preponderance of the
124 evidence.
125 (g) The trial court judge may impose a sentence up to and
126 including the statutory maximum for any offense, including an
127 offense that is before the court due to a violation of probation
128 or community control.
129 (h) A sentence may be appealed on the basis that it departs
130 from the Criminal Punishment Code only if the sentence is below
131 the lowest permissible sentence or as enumerated in s.
132 924.06(1).
133 (i) Use of incarcerative sanctions is prioritized toward
134 offenders convicted of serious offenses and certain offenders
135 who have long prior records, in order to maximize the finite
136 capacities of state and local correctional facilities.
137 Section 2. Present subsections (5) through (8) of section
138 944.02, Florida Statutes, are redesignated as subsections (6)
139 through (9), respectively, and a new subsection (5) is added to
140 that section, to read:
141 944.02 Definitions.—The following words and phrases used in
142 this chapter shall, unless the context clearly indicates
143 otherwise, have the following meanings:
144 (5) “Gain-time” means good behavior time, rehabilitation
145 credits, and outstanding deed awards, collectively.
146 Section 3. Section 944.275, Florida Statutes, is amended to
147 read:
148 944.275 Good behavior time; rehabilitation credits;
149 outstanding deed awards gain-time.—
150 (1) The department is authorized to grant deductions from
151 sentences in the form of good behavior time, rehabilitation
152 credits, and outstanding deed awards gain-time in order to
153 encourage satisfactory prisoner behavior, to provide incentive
154 for prisoners to participate in productive activities, and to
155 reward prisoners who perform outstanding deeds or services.
156 (2)(a) The department shall establish for each prisoner
157 sentenced to a term of years a “maximum sentence expiration
158 date,” which shall be the date when the sentence or combined
159 sentences imposed on a prisoner will expire. In establishing
160 this date, the department shall reduce the total time to be
161 served by any time lawfully credited.
162 (b) When a prisoner with an established maximum sentence
163 expiration date is sentenced to an additional term or terms
164 without having been released from custody, the department shall
165 extend the maximum sentence expiration date by the length of
166 time imposed in the new sentence or sentences, less lawful
167 credits.
168 (c) When an escaped prisoner or a parole violator is
169 returned to the custody of the department, the maximum sentence
170 expiration date in effect when the escape occurred or the parole
171 was effective shall be extended by the amount of time the
172 prisoner was not in custody plus the time imposed in any new
173 sentence or sentences, but reduced by any lawful credits.
174 (3)(a) The department shall also establish for each
175 prisoner sentenced to a term of years a “tentative release date”
176 which shall be the date projected for the prisoner’s release
177 from custody by virtue of good behavior time, rehabilitation
178 credits, or outstanding deed awards gain-time granted or
179 forfeited as described in this section. The initial tentative
180 release date shall be determined by deducting good behavior time
181 basic gain-time granted from the maximum sentence expiration
182 date. Rehabilitation credits and outstanding deed awards Other
183 gain-time shall be applied when granted or restored to make the
184 tentative release date proportionately earlier; and forfeitures
185 of gain-time, when ordered, shall be applied to make the
186 tentative release date proportionately later.
187 (b) When an initial tentative release date is reestablished
188 because of additional sentences imposed before the prisoner has
189 completely served all prior sentences, any good behavior time,
190 rehabilitation credits, and outstanding deed awards gain-time
191 granted during service of a prior sentence and not forfeited
192 shall be applied.
193 (c) The tentative release date may not be later than the
194 maximum sentence expiration date.
195 (4)(a) As a means of encouraging satisfactory behavior and
196 developing character traits necessary for successful reentry to
197 the community, the department shall grant good behavior time
198 basic gain-time at the rate of 10 days for each month of each
199 sentence imposed on a prisoner, subject to the following:
200 1. Portions of any sentences to be served concurrently
201 shall be treated as a single sentence when determining good
202 behavior time basic gain-time.
203 2. Good behavior time Basic gain-time for a partial month
204 shall be prorated on the basis of a 30-day month.
205 3. When a prisoner receives a new maximum sentence
206 expiration date because of additional sentences imposed, good
207 behavior time basic gain-time shall be granted for the amount of
208 time the maximum sentence expiration date was extended.
209 (b) For each month in which a prisoner an inmate works
210 diligently, participates in training or education, uses time
211 constructively, or otherwise engages in positive activities, the
212 department may grant rehabilitation credits incentive gain-time
213 in accordance with this paragraph. The rate of rehabilitation
214 credits incentive gain-time in effect on the date the prisoner
215 inmate committed the offense that which resulted in his or her
216 incarceration shall be the prisoner’s inmate’s rate of
217 eligibility to earn rehabilitation credits incentive gain-time
218 throughout the period of incarceration and may shall not be
219 altered by a subsequent change in the severity level of the
220 offense for which the prisoner inmate was sentenced.
221 1. For sentences imposed for offenses committed before
222 prior to January 1, 1994, and on or after October 1, 1995, up to
223 20 days of rehabilitation credits incentive gain-time may be
224 granted. If granted, such rehabilitation credits gain-time shall
225 be credited and applied monthly.
226 2. For sentences imposed for offenses committed on or after
227 January 1, 1994, and before October 1, 1995:
228 a. For offenses ranked in offense severity levels 1 through
229 7, under former s. 921.0012 or former s. 921.0013, up to 25 days
230 of rehabilitation credits incentive gain-time may be granted. If
231 granted, such rehabilitation credits gain-time shall be credited
232 and applied monthly.
233 b. For offenses ranked in offense severity levels 8, 9, and
234 10, under former s. 921.0012 or former s. 921.0013, up to 20
235 days of rehabilitation credits incentive gain-time may be
236 granted. If granted, such rehabilitation credits gain-time shall
237 be credited and applied monthly.
238 3. For sentences imposed for offenses committed on or after
239 October 1, 1995, the department may grant up to 10 days per
240 month of incentive gain-time.
241 (c) A prisoner An inmate who performs some outstanding
242 deed, such as saving a life or assisting in recapturing an
243 escaped prisoner inmate, or who in some manner performs an
244 outstanding service that would merit the granting of additional
245 deductions from the term of his or her sentence may be granted
246 an outstanding deed award meritorious gain-time of from 30 1 to
247 60 days per outstanding deed performed.
248 (d) Notwithstanding the monthly maximum awards of
249 rehabilitation credits under subparagraphs (b)1. and 2.
250 incentive gain-time under subparagraphs (b)1., 2., and 3., the
251 education program manager shall recommend, and the department of
252 Corrections may grant, to a prisoner who is otherwise eligible,
253 a one-time award of 60 additional days of rehabilitation credits
254 for each of the following successfully completed by a prisoner:
255 incentive gain-time to an inmate who is otherwise eligible and
256 who successfully completes requirements for and is, or has been
257 during the current commitment, awarded a high school equivalency
258 diploma, a college degree, a or vocational certificate, a drug
259 treatment program, a life skills program, a reentry program, or
260 any other evidence-based program approved by the department
261 which serves the purpose of reducing recidivism and assisting a
262 prisoner to reintegrate into society. For purposes of this
263 paragraph, a “life skills program” means a program approved by
264 the department which consists of at least 60 hours designed to
265 reduce recidivism by addressing, at a minimum, education, job
266 skills, interpersonal skills, stress and anger management, and
267 personal development. Additionally, the department shall grant 5
268 additional days of rehabilitation credits for successful
269 completion of any other department-approved program, including
270 prisoner-developed programs or a passing grade in each online or
271 in-person educational course, as approved by the department.
272 Rehabilitation credits under this paragraph are retroactive.
273 (e) Notwithstanding the monthly maximum awards of
274 rehabilitation credits under subparagraphs (b)1. and 2., the
275 department may grant up to 2 additional days per month of good
276 behavior time to prisoners serving sentences for violations of
277 s. 893.13 or s. 893.135. Good behavior time under this paragraph
278 is retroactive Under no circumstance