THE BILL ITSELF
HB 907
Incentive Gain-time
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A bill to be entitled
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An act relating to incentive gain-time; amending s.
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921.002, F.S.; conforming provisions to changes made
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by the act; amending s. 944.275, F.S.; authorizing the
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award of incentive gain-time for inmates who attain
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vocational certificates or complete educational or
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rehabilitation programs, who participate in vocational
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or workforce preparedness programs, or who use time
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constructively and commit to rehabilitation; requiring
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an inmate to serve a minimum of 65 percent of his or
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her sentence for a nonviolent felony and 85 percent
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for an offense other than a nonviolent felony;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (e) of subsection (1) of section
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921.002, Florida Statutes, is amended to read:
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921.002 The Criminal Punishment Code.—The Criminal
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Punishment Code shall apply to all felony offenses, except
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capital felonies, committed on or after October 1, 1998.
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(1) The provision of criminal penalties and of limitations
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upon the application of such penalties is a matter of
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predominantly substantive law and, as such, is a matter properly
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addressed by the Legislature. The Legislature, in the exercise
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of its authority and responsibility to establish sentencing
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criteria, to provide for the imposition of criminal penalties,
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and to make the best use of state prisons so that violent
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criminal offenders are appropriately incarcerated, has
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determined that it is in the best interest of the state to
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develop, implement, and revise a sentencing policy. The Criminal
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Punishment Code embodies the principles that:
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(e) The sentence imposed by the sentencing judge reflects
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the length of actual time to be served, shortened only by the
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application of incentive and meritorious gain-time as provided
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by law, and may not be shortened if the defendant would
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consequently serve less than the required percentage 85 percent
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of his or her term of imprisonment as provided in s. 944.275(4).
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The provisions of chapter 947, relating to parole, shall not
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apply to persons sentenced under the Criminal Punishment Code.
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Section 2. Paragraphs (e) and (f) of subsection (4) of
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section 944.275, Florida Statutes, are redesignated as
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paragraphs (h) and (i), respectively, present paragraph (f) is
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amended, and new paragraphs (e), (f), and (g) are added to that
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subsection, to read:
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944.275 Gain-time.—
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(4)
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(e) Notwithstanding the monthly maximum awards of
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incentive gain-time under subparagraphs (b)1., 2., and 3., the
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department may grant an award of 60 to 180 additional days of
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vocational or workforce preparedness incentive gain-time to an
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inmate who is otherwise eligible and who successfully completes
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requirements for and is, or has been during the current
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commitment, awarded a vocational certificate not resulting in
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credit under paragraph (d), or who completes any other career or
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workforce preparedness or technical education program, including
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the prison entrepreneurship program. The department may also
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grant an award of 30 to 90 days to an inmate who completes an
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educational or rehabilitation program not resulting in credit
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under paragraph (d) or this paragraph, including, but not
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limited to, a drug, behavioral health, or mental health
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treatment program, a life skills program, a reentry program, or
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any character-based program.
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(f) Notwithstanding the monthly maximum awards of
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incentive gain-time under subparagraphs (b)1., 2., and 3., the
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department may grant up to 5 days per month of vocational or
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workforce preparedness incentive gain-time for each month in
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which an inmate participates in a vocational or workforce
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preparedness program as designated by the department. Under no
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circumstances may an inmate receive vocational or workforce
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preparedness incentive gain-time under this subsection of more
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than 15 percent of the sentence imposed for that inmate.
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(g) Notwithstanding the monthly maximum awards of
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incentive gain-time under subparagraphs (b)1., 2., and 3., the
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department may grant up to three additional incentive gain-time
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awards of up to 60 days each to an inmate who has used his or
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her time constructively and demonstrated a diligent commitment
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to rehabilitation considering the availability and accessibility
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of education, work assignments, workforce preparation training,
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and other programming in the inmate's place, or places, of
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incarceration.
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(i)(f) An inmate who is subject to subparagraph (b)3. is
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not eligible to earn or receive gain-time under paragraph (a),
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paragraph (b), paragraph (c), or paragraph (d), paragraph (e),
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paragraph (f), or paragraph (g) or any other type of gain-time
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in an amount that would cause a sentence to expire, end, or
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terminate, or that would result in a prisoner's release, before
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prior to serving a minimum of 65 percent of the sentence imposed
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for a nonviolent felony as defined in s. 948.20(1), or 85
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percent of the sentence imposed for an offense other than a
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nonviolent felony as defined in s. 948.20(1). For purposes of
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this paragraph, credits awarded by the court for time physically
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incarcerated shall be credited toward satisfaction of the
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applicable minimum percentage 85 percent of the sentence
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imposed. Except as provided by this section, a prisoner may not
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accumulate further gain-time awards at any point when the
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tentative release date is the same as that date at which the
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prisoner will have served the applicable minimum percentage 85
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percent of the sentence imposed. State prisoners sentenced to
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life imprisonment shall be incarcerated for the rest of their
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natural lives, unless granted pardon or clemency.
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Section 3. This act shall take effect July 1, 2026.