Senate Bill 1908 (2021) — Gain-time for certain women prisoners
SB 1908
Florida Bills
Florida Senate - 2021 SB 1908 By Senator Pizzo 38-01914-21 20211908__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to gain-time for certain women 2 prisoners; creating s. 944.243, F.S.; defining the 3 term “violent felony”; specifying that a pregnant 4 prisoner or a prisoner who is the mother of a child of 5 a certain age sentenced to a state correctional 6 institution is eligible under certain circumstances to 7 earn or receive gain-time in an amount that would 8 cause her sentence to expire, end, or terminate after 9 serving 65 percent of the sentence imposed; amending 10 ss. 921.002 and 944.275, F.S.; conforming provisions 11 to changes made by the act; providing an effective 12 date. 13 14 WHEREAS, the absence of the mother of a young child on a 15 daily basis may lead to problems and disorders connected to such 16 absence for the child, and 17 WHEREAS, a mother’s presence soothes a child’s stress and 18 helps to regulate a child’s emotions, and 19 WHEREAS, a mother’s extended absence can cause a child to 20 experience higher levels of stress and anxiety, and 21 WHEREAS, the more emotionally and physically present a 22 mother can be for her child, the better the chance that child 23 will be emotionally healthy and mentally well, NOW, THEREFORE, 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27
Section
Section 944.243, Florida Statutes, is created to 28 read: 29
Florida Senate - 2021 SB 1908 38-01914-21 20211908__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. 944.243 Gain-time for pregnant prisoners or prisoners who 30 are mothers of young children.— 31
(1) As used in this section, the term “violent felony” 32 means the commission of, an attempt to commit, or a conspiracy 33 to commit any offense enumerated in s. 775.084(1)(c)1. 34
(2) A prisoner sentenced to a state correctional 35 institution who is a pregnant prisoner as defined in s. 944.241 36 or who is the mother of a child 3 years of age or younger at the 37 time the offense or offenses were committed is eligible to earn 38 or receive gain-time under s. 944.275 in an amount that would 39 cause the sentence to expire, end, or terminate, or that would 40 result in the prisoner’s release, after serving 65 percent of 41 the sentence imposed if: 42 (
a) No offense for which the prisoner was convicted is a 43 violent felony; 44 (
b) The prisoner has demonstrated good behavior while 45 incarcerated; and 46 (
c) The prisoner has participated in at least one 47 educational or rehabilitative program while incarcerated, if 48 such education or rehabilitative program was available. 49
Section 2. Paragraph (
e) of subsection (1) of
section 50 921.002, Florida Statutes, is amended to read: 51 921.002 The Criminal Punishment Code.—The Criminal 52 Punishment Code shall apply to all felony offenses, except 53 capital felonies, committed on or after October 1, 1998. 54
(1) The provision of criminal penalties and of limitations 55 upon the application of such penalties is a matter of 56 predominantly substantive law and, as such, is a matter properly 57 addressed by the Legislature. The Legislature, in the exercise 58
Florida Senate - 2021 SB 1908 38-01914-21 20211908__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. of its authority and responsibility to establish sentencing 59 criteria, to provide for the imposition of criminal penalties, 60 and to make the best use of state prisons so that violent 61 criminal offenders are appropriately incarcerated, has 62 determined that it is in the best interest of the state to 63 develop, implement, and revise a sentencing policy. The Criminal 64 Punishment Code embodies the principles that: 65 (
e) The sentence imposed by the sentencing judge reflects 66 the length of actual time to be served, shortened only by the 67 application of incentive and meritorious gain-time as provided 68 by law, and may not be shortened if the defendant would 69 consequently serve less than the specified percentage 85 percent 70 of his or her term of imprisonment as provided in s. 944.275(4). 71 The provisions of
chapter 947, relating to parole, do shall not 72 apply to persons sentenced under the Criminal Punishment Code. 73
Section 3. Subsection (4) of
section 944.275, Florida 74 Statutes, is amended to read: 75 944.275 Gain-time.— 76 (4)(
a) As a means of encouraging satisfactory behavior, the 77 department shall grant basic gain-time at the rate of 10 days 78 for each month of each sentence imposed on a prisoner, subject 79 to the following: 80 1. Portions of any sentences to be served concurrently 81 shall be treated as a single sentence when determining basic 82 gain-time. 83 2. Basic gain-time for a partial month shall be prorated on 84 the basis of a 30-day month. 85 3. When a prisoner receives a new maximum sentence 86 expiration date because of additional sentences imposed, basic 87
Florida Senate - 2021 SB 1908 38-01914-21 20211908__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. gain-time shall be granted for the amount of time the maximum 88 sentence expiration date was extended. 89 (
b) For each month in which an inmate works diligently, 90 participates in training, uses time constructively, or otherwise 91 engages in positive activities, the department may grant 92 incentive gain-time in accordance with this paragraph.
The rate 93 of incentive gain-time in effect on the date the inmate 94 committed the offense which resulted in his or her incarceration 95 shall be the inmate’s rate of eligibility to earn incentive 96 gain-time throughout the period of incarceration and may shall 97 not be altered by a subsequent change in the severity level of 98 the offense for which the inmate was sentenced. 99 1. For sentences imposed for offenses committed prior to 100 January 1, 1994, up to 20 days of incentive gain-time may be 101 granted. If granted, such gain-time shall be credited and 102 applied monthly. 103 2.
For sentences imposed for offenses committed on or after 104 January 1, 1994, and before October 1, 1995: 105 a. For offenses ranked in offense severity levels 1 through 106 7, under former s. 921.0012 or former s. 921.0013, up to 25 days 107 of incentive gain-time may be granted. If granted, such gain-108 time shall be credited and applied monthly. 109 b. For offenses ranked in offense severity levels 8, 9, and 110 10, under former s. 921.0012 or former s. 921.0013, up to 20 111 days of incentive gain-time may be granted. If granted, such 112 gain-time shall be credited and applied monthly. 113 3.
For sentences imposed for offenses committed on or after 114 October 1, 1995, the department may grant up to 10 days per 115 month of incentive gain-time. 116
Florida Senate - 2021 SB 1908 38-01914-21 20211908__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. (
c) An inmate who performs some outstanding deed, such as 117 saving a life or assisting in recapturing an escaped inmate, or 118 who in some manner performs an outstanding service that would 119 merit the granting of additional deductions from the term of his 120 or her sentence may be granted meritorious gain-time of from 1 121 to 60 days. 122 (
d) Notwithstanding the monthly maximum awards of incentive 123 gain-time under subparagraphs (b)1., 2., and 3., the education 124 program manager shall recommend, and the Department of 125 Corrections may grant, a one-time award of 60 additional days of 126 incentive gain-time to an inmate who is otherwise eligible and 127 who successfully completes requirements for and is, or has been 128 during the current commitment, awarded a high school equivalency 129 diploma or vocational certificate. Under no circumstances may an 130 inmate receive more than 60 days for educational attainment 131 pursuant to this section. 132 (
e) Notwithstanding subparagraph (b)3., for sentences 133 imposed for offenses committed on or after October 1, 2014, the 134 department may not grant incentive gain-time if the offense is a 135 violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 136 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 137 800.04; s. 825.1025; or s. 847.0135(5). 138 (
f) Except as provided in s. 944.243, an inmate who is 139 subject to subparagraph (b)3. is not eligible to earn or receive 140 gain-time under paragraph (a), paragraph (b), paragraph (c), or 141 paragraph (
d) or any other type of gain-time in an amount that 142 would cause a sentence to expire, end, or terminate, or that 143 would result in a prisoner’s release, prior to serving a minimum 144 of 85 percent of the sentence imposed. For purposes of this 145
Florida Senate - 2021 SB 1908 38-01914-21 20211908__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. paragraph, credits awarded by the court for time physically 146 incarcerated shall be credited toward satisfaction of 85 percent 147 of the sentence imposed. Except as provided by this section, a 148 prisoner may not accumulate further gain-time awards at any 149 point when the tentative release date is the same as that date 150 at which the prisoner will have served 85 percent of the 151 sentence imposed. State prisoners sentenced to life imprisonment 152 shall be incarcerated for the rest of their natural lives, 153 unless granted pardon or clemency. 154