33-601.101: Incentive Gain Time
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to decrease the time period during which an inmate is ineligible to earn gain time following the month in which a disciplinary infraction occurred and to allow inmates to earn incentive gain time while out to court.
SUMMARY: The proposed amendment to Rule 33-601.101, F.A.C., reduces the amount of time an inmate is ineligible to earn gain time as follows: when the final action on an inmate’s disciplinary report is less than or equal to 30 days of confinement or loss of gain time, the period during which the inmate is ineligible to receive gain time is reduced from three months to one month following the month in which the disciplinary infraction occurred; when the final action on an inmate’s disciplinary report is more than 30 days of confinement or loss of gain time, the amount of time during which the inmate is ineligible to receive gain time is reduced from six months to two months following the month in which the disciplinary infraction occurred. The proposed amendment also removes the restriction on inmates’ ability to earn gain time while out to court.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 944.09, 944.275, 944.281 FS.
LAW IMPLEMENTED: 944.09, 944.275, 944.281, 944.801(3)(i)5. FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-601.101 Incentive Gain Time.
(1) through (5) No change.
(6) Inmates in disciplinary confinement status are not eligible for a work/program rating even if assigned to work or programs while in disciplinary confinement. Inmates in disciplinary confinement are eligible for a security rating award which can be modified by the correctional probation officer in accordance with paragraph 33-601.101(3)(b), F.A.C.
(a) Disciplinary or court action. An inmate is not eligible to receive incentive gain time for the month in which there is an infraction of the rules of the Department or the laws of the State for which he is found guilty. Additionally, those inmates on escape status and detained by other agencies may not be awarded incentive gain time for the period of time out of custody even though lodged in another confinement facility. Any inmate who is found guilty of a disciplinary report on or after April 21, 1996 and who is serving a sentence imposed for an offense committed on or after October 1, 1995 shall be eligible to earn incentive gain time as follows:
1. For disciplinary reports in which the final approved action is not confinement or loss of gain time or where the final recommended action is probation, pursuant to paragraph 33-601.308(3)(b), F.A.C., the inmate shall be eligible to earn incentive gain time the month following the month in which the disciplinary infraction occurred. However, if the inmate violates the probation and the original penalty meets the requirements of subparagraphs 2. and 3. below, the inmate is then subject to the limitations on earning incentive gain time as noted.
2. For disciplinary reports in which the final approved action is less than or equal to 30 days confinement or less than or equal to 30 days loss of gain time, the inmate shall not be eligible to earn incentive gain time for one three months following the month in which the disciplinary infraction occurred. The one three month period of ineligibility shall not begin to run until the inmate is in the department’s custody and would be otherwise eligible to earn gain time but for the disciplinary action or new offense.
3. For disciplinary reports in which the final approved action is greater than 30 days confinement or greater than 30 days loss of gain time, or where the inmate was convicted of an offense occurring while committed to the Department of Corrections, the inmate shall not be eligible to earn incentive gain time for two six months following the month in which the disciplinary infraction or offense occurred. The two six month period of ineligibility shall not begin to run until the inmate is in the department’s custody and would be otherwise eligible to earn gain time but for the disciplinary action or new offense.
4. The period of ineligibility referenced in subparagraphs 2. and 3. shall be suspended if the inmate leaves the custody of the department before completion of the period of ineligibility. The period of ineligibility will resume upon the inmate’s return to department custody and will continue to run until its completion.
5. The failure to serve the confinement imposed does not alter the ineligibility of the inmate to earn incentive gain time as noted in subparagraphs 2. and 3.
6. The ineligibility of the inmate to earn gain time as noted in subparagraphs 2. and 3. remains in effect when, due to unavailability of gain time, unearned gain time is designated as the final approved action.
(b) Inmates who are out of the department’s custody during the month on escape, out to court status, or on furlough shall not be eligible to receive incentive gain time for that period of the month.
(c) through (8) No change.
Specific Authority 944.09, 944.275, 944.281 FS. Law Implemented 944.09, 944.275, 944.281, 944.801(3)(i)5. FS. History–New 2-26-80, Amended 1-12-83, 1-31-85, 10-7-85, Formerly 33-11.065, Amended 4-28-87, 7-12-89, 7-17-90, 10-16-90, 10-14-91, 2-17-93, 4-17-94, 7-17-94, 4-21-96, 6-1-97, 10-7-97, 3-11-98, 5-12-98, 7-9-98, 9-17-98, Formerly 33-11.065, Amended_________.