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 115 2023
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 one of
5 the primary purposes of sentencing is to rehabilitate
6 the offender to transition back to the community
7 successfully; reducing the minimum sentence that must
8 be served by a defendant; amending s. 944.275, F.S.;
9 revising provisions concerning gain-time to provide
10 for outstanding deed gain-time, good behavior time,
11 and rehabilitation credits; providing requirements for
12 such gain-time and credits; providing for amounts to
13 be awarded; revising limits on the award of gain-time;
14 reducing the minimum sentence that must be served by a
15 defendant; amending ss. 316.027, 316.1935, 381.004,
16 775.084, 775.0845, 775.0847, 775.0861, 775.0862,
17 775.087, 775.0875, 777.03, 777.04, 784.07, 794.011,
18 794.0115, 794.023, 812.081, 817.568, 831.032, 843.22,
19 874.04, 944.281, 944.473, 944.70, 944.801, and
20 947.005, F.S.; conforming provisions to changes made
21 by the act; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (1) of section 921.002, Florida
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26 Statutes, is amended to read:
27 921.002 The Criminal Punishment Code.—The Criminal
28 Punishment Code shall apply to all felony offenses, except
29 capital felonies, committed on or after October 1, 1998.
30 (1) The provision of criminal penalties and of limitations
31 upon the application of such penalties is a matter of
32 predominantly substantive law and, as such, is a matter properly
33 addressed by the Legislature. The Legislature, in the exercise
34 of its authority and responsibility to establish sentencing
35 criteria, to provide for the imposition of criminal penalties,
36 and to make the best use of state prisons so that violent
37 criminal offenders are appropriately punished and rehabilitated
38 incarcerated, has determined that it is in the best interest of
39 the state to develop, implement, and revise a sentencing policy.
40 The Criminal Punishment Code embodies the principles that:
41 (a) Sentencing is neutral with respect to race, gender,
42 and social and economic status.
43 (b) The dual purposes primary purpose of sentencing in the
44 criminal justice system are is to punish the offender and
45 rehabilitate the offender to transition back to the community
46 successfully. Rehabilitation is a desired goal of the criminal
47 justice system but is subordinate to the goal of punishment.
48 (c) The penalty imposed is commensurate with the severity
49 of the primary offense and the circumstances surrounding the
50 primary offense.
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51 (d) The severity of the sentence increases with the length
52 and nature of the offender's prior record.
53 (e) The sentence imposed by the sentencing judge reflects
54 the length of actual time to be served, shortened only by the
55 application of outstanding deed incentive and meritorious gain-
56 time, good behavior time, and rehabilitation credits as provided
57 by law, and may not be shortened if the defendant would
58 consequently serve less than 65 85 percent of his or her term of
59 imprisonment as provided in s. 944.275(4). The provisions of
60 chapter 947, relating to parole, shall not apply to persons
61 sentenced under the Criminal Punishment Code.
62 (f) Departures below the lowest permissible sentence
63 established by the code must be articulated in writing by the
64 trial court judge and made only when circumstances or factors
65 reasonably justify the mitigation of the sentence. The level of
66 proof necessary to establish facts that support a departure from
67 the lowest permissible sentence is a preponderance of the
68 evidence.
69 (g) The trial court judge may impose a sentence up to and
70 including the statutory maximum for any offense, including an
71 offense that is before the court due to a violation of probation
72 or community control.
73 (h) A sentence may be appealed on the basis that it
74 departs from the Criminal Punishment Code only if the sentence
75 is below the lowest permissible sentence or as enumerated in s.
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76 924.06(1).
77 (i) Use of incarcerative sanctions is prioritized toward
78 offenders convicted of serious offenses and certain offenders
79 who have long prior records, in order to maximize the finite
80 capacities of state and local correctional facilities.
81 Section 2. Section 944.275, Florida Statutes, is amended
82 to read:
83 944.275 Outstanding deed gain-time, good behavior time,
84 and rehabilitation credits.—
85 (1) The department is authorized to grant deductions from
86 sentences in the form of outstanding deed gain-time, good
87 behavior time, and rehabilitation credits in order to encourage
88 satisfactory prisoner behavior, to provide incentive for
89 prisoners to participate in productive activities, and to reward
90 prisoners who perform outstanding deeds or services.
91 (2)(a) The department shall establish for each prisoner
92 sentenced to a term of years a "maximum sentence expiration
93 date," which shall be the date when the sentence or combined
94 sentences imposed on a prisoner will expire. In establishing
95 this date, the department shall reduce the total time to be
96 served by any time lawfully credited.
97 (b) When a prisoner with an established maximum sentence
98 expiration date is sentenced to an additional term or terms
99 without having been released from custody, the department shall
100 extend the maximum sentence expiration date by the length of
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101 time imposed in the new sentence or sentences, less lawful
102 credits.
103 (c) When an escaped prisoner or a parole violator is
104 returned to the custody of the department, the maximum sentence
105 expiration date in effect when the escape occurred or the parole
106 was effective shall be extended by the amount of time the
107 prisoner was not in custody plus the time imposed in any new
108 sentence or sentences, but reduced by any lawful credits.
109 (3)(a) The department shall also establish for each
110 prisoner sentenced to a term of years a "tentative release date"
111 which shall be the date projected for the prisoner's release
112 from custody by virtue of outstanding deed gain-time, good
113 behavior time, or rehabilitation credits granted or forfeited as
114 described in this section. The initial tentative release date
115 shall be determined by deducting outstanding deed basic gain-
116 time, good behavior time, or rehabilitation credits granted from
117 the maximum sentence expiration date. Outstanding deed Other
118 gain-time, good behavior time, and rehabilitation credits shall
119 be applied when granted or restored to make the tentative
120 release date proportionately earlier,; and forfeitures of good
121 behavior time gain-time, when ordered, shall be applied to make
122 the tentative release date proportionately later.
123 (b) When an initial tentative release date is
124 reestablished because of additional sentences imposed before the
125 prisoner has completely served all prior sentences, any
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126 outstanding deed gain-time, good behavior time, or
127 rehabilitation credits granted during service of a prior
128 sentence and not forfeited shall be applied.
129 (c) The tentative release date may not be later than the
130 maximum sentence expiration date.
131 (4)(a) As a means of encouraging satisfactory behavior and
132 developing character traits necessary for successful reentry ,
133 the department shall grant good behavior time basic gain-time at
134 the rate of 10 days for each month of each sentence imposed on a
135 prisoner, subject to the following:
136 1. Portions of any sentences to be served concurrently
137 shall be treated as a single sentence when determining good
138 behavior time basic gain-time.
139 2. Good behavior time Basic gain-time for a partial month
140 shall be prorated on the basis of a 30-day month.
141 3. When a prisoner receives a new maximum sentence
142 expiration date because of additional sentences imposed, good
143 behavior time basic gain-time shall be granted for the amount of
144 time the maximum sentence expiration date was extended.
145 (b) For each month in which an inmate works diligently,
146 participates in training or education, uses time constructively,
147 or otherwise engages in positive activities, the department may
148 grant rehabilitation credits incentive gain-time in accordance
149 with this paragraph. The rate of rehabilitation credits
150 incentive gain-time in effect on the date the inmate committed
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151 the offense which resulted in his or her incarceration shall be
152 the inmate's rate of eligibility to earn rehabilitation credits
153 incentive gain-time throughout the period of incarceration and
154 shall not be altered by a subsequent change in the severity
155 level of the offense for which the inmate was sentenced.
156 1. For sentences imposed for offenses committed before
157 prior to January 1, 1994, and after October 1, 1995, up to 20
158 days of rehabilitation credits incentive gain-time may be
159 granted. If granted, such rehabilitation credits gain-time shall
160 be credited and applied monthly.
161 2. For sentences imposed for offenses committed on or
162 after January 1, 1994, and before October 1, 1995:
163 a. For offenses ranked in offense severity levels 1
164 through 7, under former s. 921.0012 or former s. 921.0013, up to
165 25 days of rehabilitation credits incentive gain-time may be
166 granted. If granted, such rehabilitation credits gain-time shall
167 be credited and applied monthly.
168 b. For offenses ranked in offense severity levels 8, 9,
169 and 10, under former s. 921.0012 or former s. 921.0013, up to 20
170 days of incentive gain-time may be granted. If granted, such
171 gain-time shall be credited and applied monthly.
172 3. For sentences imposed for offenses committed on or
173 after October 1, 1995, the department may grant up to 10 days
174 per month of incentive gain-time.
175 (c) An inmate who performs some outstanding deed, such as
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176 saving a life or assisting in recapturing an escaped inmate, or
177 who in some manner performs an outstanding service that would
178 merit the granting of additional deductions from the term of his
179 or her sentence may be granted outstanding deed meritorious
180 gain-time of from 30 1 to 60 days per outstanding deed
181 performed.
182 (d) Notwithstanding the monthly maximum awards of
183 rehabilitation credits incentive gain-time under subparagraphs
184 (b)1. and, 2., and 3., the education program manager shall
185 recommend, and the department shall of Corrections may grant
186 awards, a one-time award of 60 additional days of rehabilitation
187 credits to prisoners for successful completion of each of the
188 following: incentive gain-time to an inmate who is otherwise
189 eligible and who successfully completes requirements for and is,
190 or has been during the current commitment, awarded a high school
191 equivalency diploma, college degree, or vocational certificate
192 or a drug treatment program, mental health treatment program,
193 life skills program, behavioral modification program, reentry
194 program, or any equivalent rehabilitative program. Additionally,
195 the department shall grant 5 additional days of rehabilitation
196 credits for successful completion of any other department-
197 approved program, including inmate-developed programs, or a
198 passing grade in each online or in-person educational course.
199 Rehabilitation credits awarded under this paragraph shall be
200 retroactive. Under no circumstances may an inmate receive more
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201 than 60 days for educational attainment pursuant to this
202 section.
203 (e) Notwithstanding the monthly maximum awards of
204 rehabilitation credits under subparagraphs (b)1. and 2., the
205 department may grant 2 additional days per month of good
206 behavior time to prisoners serving sentences for violations of
207 ss. 893.13 and 893.135. Good behavior time granted under this
208 paragraph shall be retroactive.
209 (f)(e) Notwithstanding subparagraph (b)1. (b)3., for
210 sentences imposed for offenses committed on or after October 1,
211 2014, the depart