33-601.105. Restoration of Forfeited Gain Time  


Effective on Thursday, February 16, 2017
  • 1(1) Restoration of gain time as a positive management tool. Gain time that has been forfeited under the current commitment as a result of disciplinary action or revocation of parole, probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release shall be subject to restoration when the restoration would produce the same or greater benefits as those derived from the forfeiture in the first place. Only those inmates whose adjustment and performance since their last disciplinary report or revocation of parole, provisional release, supervised community release, conditional medical release, control release, or conditional release has exceeded that which is required to comply with all the behavioral objectives are eligible for consideration. The restoration shall only be considered when the inmate has clearly performed positively over a period of time and it appears the inmate will continue this positive adjustment without further violating the rules of the department or the laws of the state and the inmate is serving that portion of the sentence which, but for the forfeiture of gain time, would have been completed.

    182(2) Eligibility.

    184(a) Restoration of gain time due to loss by disciplinary action:

    1951. There must be an elapsed time of at least one year since the last disciplinary action occurred.

    2132. The inmate must be serving that portion of the sentence which, but for the forfeiture of gain time, would have been completed.

    2363. The inmate’s institutional adjustment and performance exceed that which is required to comply with all the behavioral objectives and the inmate must have completed or be participating in all available programs recommended by the classification team.

    2734. The following groups of inmates shall not be eligible for restoration of forfeited gain time:

    289a. Inmates who have a felony conviction for an offense that occurred during the inmate’s current commitment; or

    307b. Inmates who have been found guilty of one of the following disciplinary offenses during their current commitment:

    3251-1 Assault or battery or attempted assault or battery with a deadly weapon;

    3381-2 Unarmed Assault, where a physical attack was made against department staff;

    3501-5 Sexual 352Battery;

    3531-7 Aggravated battery or attempted aggravated battery on a correctional officer;

    3641-8 Aggravated battery or attempted aggravated battery on staff other than correctional officer;

    3771-9 Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.);

    3931-10 Aggravated battery or attempted aggravated battery on an inmate;

    4031-11 Aggravated assault or attempted aggravated assault on a correctional officer;

    4141-12 Aggravated assault or attempted aggravated assault on staff other than correctional officer;

    4271-13 Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.);

    4431-14 Aggravated assault or attempted aggravated assault on an inmate;

    4531-15 454Battery 455or attempted battery on a correctional officer;

    4621-16 463Battery 464or attempted battery on staff other than correctional officer;

    4731-17 474Battery 475or attempted battery on someone other than staff or inmates (vendor, etc.);

    4871-18 488Battery 489or attempted battery on an inmate;

    4951-19 Assault or attempted assault on a correctional officer;

    5041-20 Assault or attempted assault on staff other than correctional officer;

    5151-21 Assault or attempted assault on someone other than staff or inmates (vendor, etc.);

    5291-22 Assault or attempted assault on an inmate;

    5372-1 Participating in riots, strikes, mutinous acts or disturbances;

    5463-1 Possession of weapons, ammunition, or explosives;

    5533-4 Trafficking in Drugs;

    5574-1 Escape or attempted escape.

    5625. Once an inmate has gain time restored, subsequent losses of gain time due to disciplinary action will make the inmate ineligible for further restoration.

    5876. Gain time that is lost prior to an inmate receiving an additional commitment for an offense committed while in custody of the department will not be considered for restoration.

    617(b) Restoration of gain time forfeited by revocation of probation (offenses committed prior to 1/1/94 only), community control (offenses committed prior to 1/1/94 only), provisional release, supervised community release, conditional medical release (violations prior to 5/30/97 only), control release (violations prior to 5/30/97 only), or conditional release (violations prior to 5/30/97 only) may be considered only when there have been no new convictions for offenses that occurred during the period of release.

    6891. There must be a minimum of one year from the effective date of the parole revocation, probation revocation, community control revocation, or violation of the conditions of provisional release, supervised community release, conditional medical release, control release, or conditional release;

    7302. The inmate must be discipline free (formal reports) since return as a parole, probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violator;

    7613. The inmate’s adjustment and performance must exceed that which is required to comply with all behavioral objectives since return as a parole, probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violator;

    8014. The inmate must have completed or be participating in all available programs recommended;

    8155. Any inmate who receives restoration of gain time forfeited due to parole, probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violation will not be eligible for restoration on any subsequent parole, probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violation while serving the sentence for the same offense;

    8806. The inmate must be serving the portion of the sentence which, but for the forfeiture of gain time, would have been completed.

    903(3) How processed.

    906(a) Restoration of gain time will be considered only when the inmate has met the criteria specified in subsections (1) and (2) of this rule.

    931(b) There is no entitlement for consideration based upon an inmate’s request.

    943(c) If an inmate believes that he or she is eligible for restoration of forfeited gain time, the inmate must make a request for restoration on Form DC6-236, Inmate Request, and submit the request to his or her classification officer. Requests submitted to other department staff will not be processed. Form DC6-236 is incorporated by reference in Rule 100133-103.005, 1002F.A.C.

    1003(d) If the inmate meets the criteria in subsection (2), the classification officer shall forward the request to the institutional classification team (ICT) with a recommendation either for or against restoration. If the inmate does not meet the criteria in subsection (2), the classification officer shall return the request to the inmate, indicating in writing which criteria is not met.

    1063(e) The ICT shall consider the request based upon the criteria in subsections (1) and (2). If the ICT recommends restoration of forfeited gain time, the recommendation shall be forwarded to the final approving authority for final action. If the ICT does not make a recommendation for restoration to the final approving authority, the request shall be returned to the inmate along with the basis for the denial.

    1131(f) The final approving authority for restoration of forfeited gain time will be the Assistant Secretary of Institutions or designee. Upon receipt of the recommendation from the ICT, the final approving authority shall approve or deny the recommendation based upon the criteria in subsections (1) and (2).

    1178(g) The institution where the inmate is assigned will be notified and the facility staff will notify the inmate of the decision and the basis for the decision.

    1206Rulemaking Authority 1208944.09, 1209944.275 FS. 1211Law Implemented 1213944.09, 1214944.275, 1215944.28 FS. 1217History–New 11-27-84, Formerly 33-11.15, Amended 10-12-89, 8-29-91, 10-13-93, Formerly 33-11.015, Amended 8-30-01, 4-30-02, 4-10-08, 7-15-09, 12-24-09, 2-16-17.