33-601.101. Incentive Gain Time  


Effective on Thursday, February 16, 2017
  • 1(1) Ineligibility.

    3(a) No inmate shall receive or accumulate incentive gain time:

    131. For the minimum portion of a sentence imposed pursuant to Section 25775.087(2), F.S., 27for an offense committed on or after October 1, 1976 involving use or possession of a firearm, machine gun, or destructive device as defined in Section 53775.087, F.S.;

    552. For the minimum portion of a sentence imposed pursuant to Section 67893.13(1)(e), F.S., 69(1989), for a specified drug-related offense committed on or after June 27, 1989 but before January 1, 1994, in, on, or within 1,000 feet of a school;

    973. If sentenced under Section 102893.13(1)(i)1., F.S., 104for a specified drug-related offense committed prior to January 1, 1994 in, on, or within 200 feet of real properties described in Section 127893.13, F.S.;

    1294. For the period of time remaining in any treatment program placement term imposed under Section 953.11, F.S.;

    1475. If convicted of offenses committed on or after October 1, 1995 and has 85% or less of the sentence remaining to be served.

    1716. For sentences imposed for offenses committed on or after October 1, 2014, the department may not grant incentive gain time if the offense is a violation of Section 200782.04(1)(a)2.c., 201787.01(3)(a)2. 202or 3., 204787.02(3)(a)2. 205or 3., 207794.011, F.S., 209excluding Section 211794.011(10), 212800.04, 213825.1025, 214or 215847.0135(5), F.S.

    217(b) An inmate shall not be eligible for incentive gain time in an amount which would cause a sentence to expire prior to such inmate having served the minimum or mandatory minimum portion of a sentence imposed pursuant to:

    2561. Section 258775.0823, F.S., 260for specified crimes committed against a law enforcement officer, state attorney, or assistant state attorney on or after January 1, 1990 but prior to January 1, 1994, or against a judge or justice of a court described in Article V of the State Constitution on or after October 1, 1990 but prior to January 1, 1994;

    3162. Section 318775.084(4)(b), F.S., 320as a habitual violent felony offender for an offense committed on or after October 1, 1988;

    3363. Section 338775.0875(1), F.S., 340for taking a firearm from a law enforcement officer while such officer was lawfully engaged in law enforcement duties in those instances where such offense was committed prior to January 1, 1994.

    372(c) An inmate shall not be eligible for incentive gain time in an amount which would cause a sentence to expire prior to such inmate having served the period of time for which the court has retained jurisdiction pursuant to Section 413947.16(4), F.S.

    415(2) Eligibility. All other inmates not excluded in subsection (1) or (5) of this section, including those in the custody of another agency while actively serving a Florida sentence in accordance with the Interstate Corrections Compact or designated pursuant to Section 456921.16(2), F.S., 458may be awarded incentive gain time pursuant to subsection 46733-601.101(3), 468F.A.C.

    469(3) How credited. For inmates eligible to receive consideration under this section, the following procedures shall be used.

    487(a) Each inmate eligible for consideration for award of incentive gain time shall receive gain time evaluations based upon his institutional adjustment as reflected in evaluations from security, work and program components, if assigned. If it becomes necessary to make corrections to the inmate’s monthly security, work or program evaluations after the evaluations have already been submitted, the request for correction along with the reasons for the correction shall be submitted in writing to the department head for approval. The approved corrections shall be submitted to the classification officer or his designee who shall make the necessary changes.

    5851. The security evaluation is the rating of an inmate’s institutional adjustment that includes evaluation of all areas of daily institutional routine with the exception of the inmate’s work and program assignments. The security rating for the month shall be determined through the review of the four security behavioral objectives, while considering the inmate’s capabilities. The security rating is to be determined by observations of the evaluator, notations on the inmate’s Housing Officer Contact Card, and information from other staff sources regarding the inmate’s behavior. The employee completing the security evaluation shall not complete the inmate’s performance evaluation for the same month. The following security behavioral objectives shall be considered when completing the monthly security rating:

    701a. Hygiene: grooming and personal cleanliness.

    707b. Appearance: care of issued clothing and compliance with uniform regulations.

    718c. Conduct: adherence to rules, regulations, procedures, and orders and respect for others.

    731d. Maintenance of living quarters: appearance and cleanliness of assigned living area.

    7432. The performance evaluation is the rating of the inmate’s performance in work and program assignments. The monthly performance rating shall be determined through the review of the performance behavioral objectives, while considering the inmate’s capabilities.

    779a. In a month in which an inmate has more than one full time assignment, the assignment of the longest duration shall be utilized for determining the inmate’s monthly performance evaluation.

    810b. In a month in which the full or half time assignments are of equal duration, the assignment closest to the end of the month shall be utilized to determine the inmate’s monthly performance evaluation.

    845c. In a month in which an inmate has any half time assignments, both half time evaluations shall be completed. The half time assignment of the longest duration in both a.m. time period and the p.m. time period shall be utilized for determining the inmate’s performance evaluation. In determining the work and program performance evaluation for the half time assignments, the work and program rating reflects the same rating as the two half time assignments if the ratings are the same. If the two half time ratings are different, the overall work and program evaluation shall reflect the lesser of the two ratings.

    948d. In a month in which the inmate:

    956(I) Is designated a medical grade W-5, or

    964(II) Is in medical staging at a reception center, or

    974(III) Is housed in the Corrections Mental Health Institution, Crisis Stabilization Unit, Transitional Care Unit, Hospital or Infirmary, and

    993(IV) The status as described in 1., 2. or 3. is of a longer duration than any work or program assignment during the month, then the inmate’s performance evaluation shall be derived from a rating submitted by the health care provider who has the primary health care responsibility for the inmate. The health care provider shall evaluate the inmate on the following behavioral objectives:

    1057(A) Following the treatment regimen;

    1062(B) Adherence to health care staff instructions;

    1069(C) Positive relationships with health care staff and other patients.

    1079e. The employee completing the work or program performance evaluation shall not be the same employee completing the security evaluation.

    1099f. The following behavioral objectives shall be considered when evaluating the monthly work and program rating:

    1115(I) Conduct in program and work assignment: adherence to rules, regulations, procedures, and orders and demonstration of respect for others.

    1135(II) Interaction with others: degree to which inmate works and participates with others to accomplish required tasks.

    1152(III) Motivation for personal development and improvement: degree of interest displayed in improving skills and increasing capabilities.

    1169(IV) Work and study habits: willingness to accomplish tasks without being prompted.

    1181(V) Constructive use of time: promptness in reporting to assigned area and effective use of time.

    11973. The security and performance evaluation provides the preliminary base gain time recommendation for the inmate in the following amounts. These amounts are contingent on the performance evaluations derived from work and programs and the security evaluation unless modified in accordance with paragraph 124033-601.101(3)(b), 1241F.A.C.

    1242a. When either evaluation is unsatisfactory, the preliminary base gain time recommendation shall be zero days.

    1258b. When both evaluations are satisfactory, the preliminary base gain time recommendation shall be as follows:

    1274(I) An inmate convicted of an offense committed prior to 10-1-95 shall receive a preliminary base gain time recommendation of 8 days.

    1296(II) An inmate convicted of an offense committed on or after 10-1-95 shall receive a preliminary base gain time recommendation of 4 days.

    1319c. When one evaluation is above satisfactory and the other is satisfactory, the preliminary base gain time recommendation shall be as follows:

    1341(I) An inmate convicted of an offense committed prior to 10-1-95 shall receive a preliminary base gain time recommendation of 12 days.

    1363(II) An inmate convicted of an offense committed on or after 10-1-95 shall receive a preliminary base gain time recommendation of 6 days.

    1386d. When both evaluations are above satisfactory, the preliminary base gain time recommendation shall be as follows:

    1403(I) Inmates convicted of an offense occurring on or after 1-1-94 and prior to 10-1-95 which falls within the sentencing guidelines offense severity ranking chart (Section 921.0012, F.S.) level from 1 through 7 shall receive a preliminary base gain time recommendation of 22 days.

    1447(II) Inmates convicted of an offense occurring on or after 1-1-94 and prior to 10-1-95 which falls within the sentencing guidelines offense severity chart level from 8 through 10 shall receive a preliminary base gain time recommendation of 16 days.

    1487(III) Inmates convicted of an offense occurring prior to 1-1-94 shall receive a preliminary base gain time award of 16 days.

    1508(IV) An inmate convicted of an offense committed on or after 10-1-95 shall receive a preliminary base gain time recommendation of 8 days.

    1531Preliminary Incentive Gain Time Base Recommendations With Performance and Security Evaluations
    1542for inmate convicted of an offense committed prior to 10-1-95

     

    1552PERFORMANCE

     

    1553S

    1554E

    1555C

    1556U

    1557R

    1558I

    1559T

    1560Y

     

    1561Above

    1562Satisfactory

    1563Satisfactory

    1564Unsatisfactory

    1565Above

    1566Satisfactory

    156716/22

    156812

    15690

    1570Satisfactory

    157112

    15728

    15730

    1574Unsatisfactory

    15750

    15760

    15770

     

    1578Preliminary Incentive Gain Time Base Recommendations With Performance and Security Evaluations
    1589for inmate convicted of an offense committed on or after 10-1-95

     

    1600PERFORMANCE

     

    1601S

    1602E

    1603C

    1604U

    1605R

    1606I

    1607T

    1608Y

     

    1609Above

    1610Satisfactory

    1611Satisfactory

    1612Unsatisfactory

    1613Above

    1614Satisfactory

    16158

    16168

    16170

    1618Satisfactory

    16196

    16204

    16210

    1622Unsatisfactory

    16230

    16240

    16250

    16264. If an inmate has no work or program evaluation for the month the inmate shall be evaluated for the preliminary base gain time recommendation based upon the security evaluation in the following amounts unless modified in accordance with paragraph (3)(b) of this rule:

    1670a. When the security evaluation is unsatisfactory, the preliminary base gain time recommendation shall be zero days.

    1687b. When the security evaluation is satisfactory, the preliminary base gain time recommendation shall be as follows:

    1704(I) An inmate convicted of an offense committed prior to 10-1-95 shall receive a preliminary base gain time recommendation of 4 days.

    1726(II) An inmate convicted of an offense committed on or after 10-1-95 shall receive a preliminary base gain time recommendation of 2 days.

    1749c. When the security evaluation is above satisfactory, the preliminary base gain time recommendations shall be as follows:

    1767(I) Inmates convicted of an offense occurring prior to 1-1-94 shall receive a preliminary base gain time recommendation of 8 days, unless otherwise modified in accordance with this rule.

    1796(II) Inmates convicted of an offense occurring on or after 1-1-94 and prior to 10-1-95 which falls within the sentencing guidelines offense severity chart level from 1 through 7 shall receive a preliminary base gain time recommendation of 11 days, unless modified in accordance with this rule.

    1843(III) Inmates convicted of an offense occurring on or after 1-1-94 and prior to 10-1-95 which falls within the sentencing guidelines offense severity chart level from 8 through 10 shall receive a preliminary base gain time recommendation of 8 days, unless otherwise modified in accordance with this rule.

    1891(IV) An inmate convicted of an offense committed on or after 10-1-95 shall receive a preliminary base gain time recommendation of 4 days.

    1914Preliminary Incentive Gain Time Base Recommendations Security Evaluation Only:

    1923Offenses committed prior to 10/1/95

     

     

    1928S

    1929E

    1930C

    1931U

    1932R

    1933I

    1934T

    1935Y

    1936Above

    1937Satisfactory

    19388/11

    1939Satisfactory

    19404

    1941Unsatisfactory

    19420

     

    1943Offenses committed on or after 10/1/95:

     

    1949Above

    1950Satisfactory

    19514

    1952Satisfactory

    19534

    1954Unsatisfactory

    19550

     

    1956(b) The classification officer or designee shall evaluate the security and performance ratings which reflect the inmate’s institutional adjustment for the month. The final determination of an award of incentive gain time shall be determined by the classification officer or designee and shall be based on the inmate’s overall monthly activities. When the classification officer or designee concurs with the preliminary base gain time recommendation being applied no modification is required. The preliminary base gain time recommendation may be modified by the classification officer as reflected by the inmates overall institutional adjustment and level of work and program participation for the month. The classification officer or designee may modify the preliminary base gain time recommendation upward or downward from 1 to 4 days not to exceed the maximum eligible award. Any time the classification officer or designee modifies the preliminary base gain time recommendation, the reason for the modification shall be noted. These modifications will be applied to the preliminary base gain time recommendation reflective of the overall rating derived from the security and performance evaluation or security evaluation alone. Reasons for modification of the preliminary base gain time recommendation include:

    21471. Modification upward of 1-4 days excluding those inmates identified in sub-subparagraph 215933-601.101(3)(a)2.d., 2160F.A.C.:

    2161a. Participation in recommended programs and treatment if available;

    2170b. Adherence to program or treatment plan;

    2177c. Work or Program stability;

    2182d. Program achievement.

    21852. Modification Downward of 1-4 days excluding those inmates identified in sub-subparagraph 219733-601.101(3)(a)2.d., 2198F.A.C.:

    2199a. Not participating in recommended programs or treatment if available;

    2209b. Work, Program or Treatment instability;

    2215c. Not adhering to classification recommendations;

    2221d. Assigned to work or program 14 days or less during the month, excluding those inmates identified in sub-subparagraph 224033-601.101(3)(a)2.d., 2241F.A.C.

    22423. For those inmates identified in sub-subparagraph 224933-601.101(3)(a)2.d., 2250F.A.C.

    2251a. Modification upward of 1-4 days;

    2257(I) Positive relationships and contact with institutional staff other than health care staff and other patients;

    2273(II) Adhering to the classification management plan.

    2280b. Modification downward of 1-4 days:

    2286(I) Not developing or exhibiting positive relationships and contact with institutional staff other than health care staff and other patients;

    2306(II) Not adhering to the classification management plan.

    2314(c) As evaluations are based on activities for the month, no inmate shall be considered as earning any incentive gain time until the month is complete, the evaluations have been submitted, and the award has been determined.

    2351(4) When processed. Incentive gain time is to be processed at the end of each month or upon receipt of progress reports on inmates housed by other agencies. All incentive gain time awards should be posted in the Offender Based Information System by the close of business no later than the 12th of each month following the month of the award.

    2412(a) Except in the case of extenuating circumstances, inmates will receive written notice of the monthly gain time award within three working days of the last scheduled posting date. In addition, the next scheduled progress report will reflect and summarize the awards of gain time made during the reporting period.

    2462(b) Inmate grievances related to the gain time award or the failure to have received notice of the gain time award shall be filed pursuant to the formal grievance process no later than the end of the month the award is posted in accordance with Rule 250833-103.006, 2509F.A.C., for inmates in the department’s custody at the end of the month. Inmates who are out to court or in an outside hospital at the end of the month shall file grievances related to the gain time award or the failure to have received notice of the gain time award pursuant to the formal grievance process no later than fifteen days from the date of return to a department facility.

    2580(c) A grievance concerning gain time filed by an inmate whose complaint is that the work or program evaluation failed to consider the inmate’s capabilities requires that the respondent consult with the Chief Health Officer for information on the inmate’s capabilities.

    2621(d) An inmate who has timely filed grievances regarding the failure to have received notice of a monthly gain time award, shall file a formal grievance relating to the gain time award itself no later than fifteen days from the date of the response to the formal grievance which addressed the failure to have received notice.

    2677(e) Grievances related to gain time awards for the months prior to the adoption of this rule shall be filed no later than August 1, 1994.

    2703(5) Disqualifications. The following conditions will disqualify an inmate for an award of incentive gain time for the period stated.

    2723(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 classification officer in accordance with paragraph 277033-601.101(3)(b), 2771F.A.C.

    2772(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.

    2847(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, 2883except inmates in out to court status for a full month shall be eligible to receive incentive gain time as noted below unless otherwise ineligible:

    29081. Inmates sentenced for offenses committed on or between April 17, 1994 and September 30, 1995 and which fall within levels 1 through 7 of the sentencing guidelines offense severity ranking chart located in Section 921.0012, F.S., shall receive 11 days incentive gain time for each month in out to court status.

    29602. Inmates sentenced for offenses committed on or between April 17, 1994 and September 30, 1995 and which fall within levels 8 through 10 of the sentencing guidelines offense severity ranking chart located in Section 921.0012, F.S., shall receive 8 days incentive gain time for each month in out to court status.

    30123. Inmates sentenced for offenses committed on or after October 1, 1995 shall receive 4 days incentive gain time for each month in out to court status.

    3039(c) Death or Life sentences. Death or Life sentences cannot be reduced by gain time. However, any inmate serving a death or life sentence will be considered for incentive gain time and the gain time will be posted so that in the event the death or life sentence is commuted to a number of years, the accumulated incentive gain time will be applied to the inmate’s sentence.

    3106(7) Educational achievement incentive gain time. Upon notification by the education supervisor or regional education program administrator of a recommendation by the Bureau of Re-Entry Programs and Education, the department shall apply a one time award of 60 additional days of incentive gain time to an inmate who is otherwise eligible and who has successfully completed requirements for and is awarded a general education development certificate or vocational certificate. In order to be eligible for the gain time award, the general education development certificate or vocational certificate must be issued by the Florida Department of Education or the program issuing the certificate must be approved by the Bureau of Re-Entry Programs and Education in advance of the inmate’s enrollment. Inmates assigned to community facilities who earn a general education development certificate or vocational certificate in an on site educational program operated by an outside vendor or provider (state community college, vocational technical center or private institution) who is approved in advance by the Bureau of Re-Entry Programs and Education shall be recommended by the regional educational program administrator for incentive gain time for educational achievement. Under no circumstances may an inmate receive more than 60 days gain time for educational attainment pursuant to this section.

    3311(8) Educational gain time. Upon notification by the education supervisor or regional education program administrator, the department shall grant a one time award of up to 6 days of additional incentive gain time to all inmates who are otherwise eligible and who have attended and satisfactorily participated in 150 hours of functional literacy instruction. The functional literacy instruction must be provided by the Bureau of Re-Entry Programs and Education teachers, approved staff, or volunteers.

    3385Rulemaking Authority 3387944.09, 3388944.275, 3389944.281 FS. 3391Law Implemented 3393944.09, 3394944.275, 3395944.281, 3396944.801(3)(i)5. FS. 3398History–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 33-11.0065, Amended 7-15-09, 4-19-10, 2-6-12, 5-27-12, 2-16-17.