Bill Summary – FastDemocracy

       Florida Senate - 2023                                     SB 206
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-00552-23                                            2023206__
                      A bill to be entitled                      
       An act relating to criminal rehabilitation; amending
       s. 921.002, F.S.; revising the legislative intent of
       the Criminal Punishment Code; specifying that one of
       the dual purposes of sentencing is to rehabilitate the
       offender to transition back to the community
       successfully; reducing the minimum sentence that must
       be served by a defendant; conforming provisions to
       changes made by the act; amending s. 944.275, F.S.;
       revising provisions concerning gain-time to provide
       for outstanding deed gain-time, good behavior time,
       and rehabilitation credits; providing requirements for
       such gain-time and credits; providing for amounts to
       be awarded; revising limits on the award of gain-time;
       reducing the minimum sentence that must be served by a
       defendant; amending ss. 316.027, 316.1935, 381.004,
       775.084, 775.0845, 775.0847, 775.0861, 775.0862,
       775.087, 775.0875, 777.03, 777.04, 784.07, 794.011,
       794.0115, 794.023, 812.081, 817.568, 831.032, 843.22,
       874.04, 944.281, 944.473, 944.70, 944.801, and
       947.005, F.S.; conforming provisions to changes made
       by the act; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSubsection (1) of section 921.002, Florida
Statutes, is amended to read:
       921.002âThe Criminal Punishment Code.âThe Criminal
Punishment Code shall apply to all felony offenses, except
capital felonies, committed on or after October 1, 1998.
       (1)âThe provision of criminal penalties and of limitations
upon the application of such penalties is a matter of
predominantly substantive law and, as such, is a matter properly
addressed by the Legislature. The Legislature, in the exercise
of its authority and responsibility to establish sentencing
criteria, to provide for the imposition of criminal penalties,
and to make the best use of state prisons so that violent
criminal offenders are appropriately punished and rehabilitated
incarcerated, has determined that it is in the best interest of
the state to develop, implement, and revise a sentencing policy.
The Criminal Punishment Code embodies the principles that:
       (a)âSentencing is neutral with respect to race, gender, and
social and economic status.
       (b)âThe dual purposes primary purpose of sentencing in the
criminal justice system are is to punish the offender and
rehabilitate the offender to transition back to the community
successfully. Rehabilitation is a desired goal of the criminal
justice system but is subordinate to the goal of punishment.
       (c)âThe penalty imposed is commensurate with the severity
of the primary offense and the circumstances surrounding the
primary offense.
       (d)âThe severity of the sentence increases with the length
and nature of the offenderâs prior record.
       (e)âThe sentence imposed by the sentencing judge reflects
the length of actual time to be served, shortened only by the
application of outstanding deed incentive and meritorious gain
time, good behavior time, and rehabilitation credits as provided
by law, and may not be shortened if the defendant would
consequently serve less than 65 85 percent of his or her term of
imprisonment as provided in s. 944.275(4). The provisions of
chapter 947, relating to parole, shall not apply to persons
sentenced under the Criminal Punishment Code.
       (f)âDepartures below the lowest permissible sentence
established by the code must be articulated in writing by the
trial court judge and made only when circumstances or factors
reasonably justify the mitigation of the sentence. The level of
proof necessary to establish facts that support a departure from
the lowest permissible sentence is a preponderance of the
evidence.
       (g)âThe trial court judge may impose a sentence up to and
including the statutory maximum for any offense, including an
offense that is before the court due to a violation of probation
or community control.
       (h)âA sentence may be appealed on the basis that it departs
from the Criminal Punishment Code only if the sentence is below
the lowest permissible sentence or as enumerated in s.
924.06(1).
       (i)âUse of incarcerative sanctions is prioritized toward
offenders convicted of serious offenses and certain offenders
who have long prior records, in order to maximize the finite
capacities of state and local correctional facilities.
       Section 2.âSection 944.275, Florida Statutes, is amended to
read:
       944.275âOutstanding deed gain-time, good behavior time, and
rehabilitation credits.â
       (1)âThe department is authorized to grant deductions from
sentences in the form of outstanding deed gain-time, good
behavior time, and rehabilitation credits in order to encourage
satisfactory prisoner behavior, to provide incentive for
prisoners to participate in productive activities, and to reward
prisoners who perform outstanding deeds or services.
       (2)(a)âThe department shall establish for each prisoner
sentenced to a term of years a âmaximum sentence expiration
date,â which shall be the date when the sentence or combined
sentences imposed on a prisoner will expire. In establishing
this date, the department shall reduce the total time to be
served by any time lawfully credited.
       (b)âWhen a prisoner with an established maximum sentence
expiration date is sentenced to an additional term or terms
without having been released from custody, the department shall
extend the maximum sentence expiration date by the length of
time imposed in the new sentence or sentences, less lawful
credits.
       (c)âWhen an escaped prisoner or a parole violator is
returned to the custody of the department, the maximum sentence
expiration date in effect when the escape occurred or the parole
was effective shall be extended by the amount of time the
prisoner was not in custody plus the time imposed in any new
sentence or sentences, but reduced by any lawful credits.
       (3)(a)âThe department shall also establish for each
prisoner sentenced to a term of years a âtentative release dateâ
which shall be the date projected for the prisonerâs release
from custody by virtue of outstanding deed gain-time, good
behavior time, or rehabilitation credits granted or forfeited as
described in this section. The initial tentative release date
shall be determined by deducting outstanding deed basic gain
time, good behavior time, or rehabilitation credits granted from
the maximum sentence expiration date. Outstanding deed Other
gain-time, good behavior time, and rehabilitation credits shall
be applied when granted or restored to make the tentative
release date proportionately earlier,; and forfeitures of good
behavior time gain-time, when ordered, shall be applied to make
the tentative release date proportionately later.
       (b)âWhen an initial tentative release date is reestablished
because of additional sentences imposed before the prisoner has
completely served all prior sentences, any outstanding deed
gain-time, good behavior time, or rehabilitation credits granted
during service of a prior sentence and not forfeited shall be
applied.
       (c)âThe tentative release date may not be later than the
maximum sentence expiration date.
       (4)(a)âAs a means of encouraging satisfactory behavior and
developing character traits necessary for successful reentry,
the department shall grant good behavior time basic gain-time at
the rate of 10 days for each month of each sentence imposed on a
prisoner, subject to the following:
       1.âPortions of any sentences to be served concurrently
shall be treated as a single sentence when determining good
behavior time basic gain-time.
       2.âGood behavior time Basic gain-time for a partial month
shall be prorated on the basis of a 30-day month.
       3.âWhen a prisoner receives a new maximum sentence
expiration date because of additional sentences imposed, good
behavior time basic gain-time shall be granted for the amount of
time the maximum sentence expiration date was extended.
       (b)âFor each month in which an inmate works diligently,
participates in training or education, uses time constructively,
or otherwise engages in positive activities, the department may
grant rehabilitation credits incentive gain-time in accordance
with this paragraph. The rate of rehabilitation credits
incentive gain-time in effect on the date the inmate committed
the offense which resulted in his or her incarceration shall be
the inmateâs rate of eligibility to earn rehabilitation credits
incentive gain-time throughout the period of incarceration and
shall not be altered by a subsequent change in the severity
level of the offense for which the inmate was sentenced.
       1.âFor sentences imposed for offenses committed before
prior to January 1, 1994, and after October 1, 1995, up to 20
days of rehabilitation credits incentive gain-time may be
granted. If granted, such rehabilitation credits gain-time shall
be credited and applied monthly.
       2.âFor sentences imposed for offenses committed on or after
January 1, 1994, and before October 1, 1995:
       a.âFor offenses ranked in offense severity levels 1 through
7, under former s. 921.0012 or former s. 921.0013, up to 25 days
of rehabilitation credits incentive gain-time may be granted. If
granted, such rehabilitation credits gain-time shall be credited
and applied monthly.
       b.âFor offenses ranked in offense severity levels 8, 9, and
10, under former s. 921.0012 or former s. 921.0013, up to 20
days of incentive gain-time may be granted. If granted, such
gain-time shall be credited and applied monthly.
       3.âFor sentences imposed for offenses committed on or after
October 1, 1995, the department may grant up to 10 days per
month of incentive gain-time.
       (c)âAn inmate who performs some outstanding deed, such as
saving a life or assisting in recapturing an escaped inmate, or
who in some manner performs an outstanding service that would
merit the granting of additional deductions from the term of his
or her sentence may be granted outstanding deed meritorious
gain-time of from 30 1 to 60 days per outstanding deed
performed.
       (d)âNotwithstanding the monthly maximum awards of
rehabilitation credits incentive gain-time under subparagraphs
(b)1. and, 2., and 3., the education program manager shall
recommend, and the department shall of Corrections may grant
awards, a one-time award of 60 additional days of rehabilitation
credits to prisoners for successful completion of each of the
following: incentive gain-time to an inmate who is otherwise
eligible and who successfully completes requirements for and is,
or has been during the current commitment, awarded a high school
equivalency diploma, college degree, or vocational certificate
or a drug treatment program, mental health treatment program,
life skills program, behavioral modification program, or reentry
program, or any equivalent rehabilitative program. Additionally,
the department shall grant 5 additional days of rehabilitation
credits for successful completion of any other department
approved program, including inmate-developed programs, or a
passing grade in each online or in-person educational course.
Rehabilitation credits awarded under this paragraph shall be
retroactive. Under no circumstances may an inmate receive more
than 60 days for educational attainment pursuant to this
section.
       (e)âNotwithstanding the monthly maximum awards of
rehabilitation credits under subparagraphs (b)1. and 2., the
department may grant 2 additional days per month of good
behavior time to prisoners serving sentences for violations of
ss. 893.13 and 893.135. Good behavior time granted under this
paragraph shall be retroactive.
       (f)(e)âNotwithstanding subparagraph (b)1. (b)3., for
sentences imposed for offenses committed on or after October 1,
2014, the department may not grant rehabilitation credits
incentive gain-time if the offense is a violation of s.
782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or
3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s.
825.1025; or s. 847.0135(5).
       (g)1.(f)âAn inmate who is subject to this subsection
subparagraph (b)3. is not eligible to earn or receive
outstanding deed gain-time or good behavior time under paragraph
(a), paragraph (b), paragraph (c), or paragraph (d) or any other
type of gain-time in an amount that would cause a sentence to
expire, end, or terminate, or that would result in a prisonerâs
release, before prior to serving a minimum of 85 percent of the
sentence imposed. For purposes of this paragraph, credits
awarded by the court for time physically incarcerated shall be
credited toward satisfaction of 85 percent of the sentence
imposed.
       2.âA prisoner who is subject to this subsection may not
accumulate rehabilitation credits as described in paragraph (d)
in an amount that would allow a sentence to expire, end, or
terminate, or that would result in a prisonerâs release, before
serving a minimum of 65 percent of the sentence imposed.
       3.âExcept as provided by this section, a prisoner may not
accumulate further gain-time awards at any point when the
tentative release date is the same as that date at which the
prisoner will have served 65 85 percent of the sentence imposed.
State prisoners sentenced to life imprisonment shall be
incarcerated for the rest of their natural lives, unless granted
pardon or clemency.
       (5)âWhen a prisoner is found guilty of an infraction of the
laws of this state or the rules of the department, good behavior
time not yet vested gain-time may be forfeited according to law
after due process. For purposes of this subsection, good
behavior time is deemed vested 2 years after being granted.
       (6)(a)âGood behavior time Basic gain-time under this
section shall be computed on and applied to all sentences
imposed for offenses committed on or after July 1, 1978, and
before January 1, 1994.
       (b)âAll outstanding deed incentive and meritorious gain
time, good behavior time, and rehabilitation credits are is
granted according to this section.
       (c)âAll additional gain-time previously awarded under
former subsections (2) and (3) and all forfeitures ordered
before prior to the effective date of the act that created this
section shall remain in effect and be applied in establishing an
initial tentative release date.
       (7)âThe department shall adopt rules to implement the
granting, forfeiture, restoration, and deletion of outstanding
deed gain-time, good behavior time, and rehabilitation credits.
       Section 3.âParagraph (f) of subsection (2) of section
316.027, Florida Statutes, is amended to read:
       316.027âCrash involving death or personal injuries.â
       (2)
       (f)âFor purposes of sentencing under chapter 921 and
determining rehabilitation credit incentive gain-time
eligibility under chapter 944, an offense listed in this
subsection is ranked one level above the ranking specified in s.
921.0022 or s. 921.0023 for the offense committed if the victim
of the offense was a vulnerable road user.
       Section 4.âSubsection (6) of section 316.1935, Florida
Statutes, is amended to read:
       316.1935âFleeing or attempting to elude a law enforcement
officer; aggravated fleeing or eluding.â
       (6)âNotwithstanding s. 948.01, no court may suspend, defer,
or withhold adjudication of guilt or imposition of sentence for
any violation of this section. A person convicted and sentenced
to a mandatory minimum term of incarceration under paragraph
(3)(b) or paragraph (4)(b) is not eligible for statutory gain
time or credits under s. 944.275 or any form of discretionary
early release, other than pardon or executive clemency or
conditional medi