33-601.105. Restoration of Forfeited Gain Time  


Effective on Thursday, September 21, 2023
  • 1(1) For purposes of this rule, positive overall institutional adjustment means the inmate has a16dhered to the behavioral objectives referenced in Rules 2433-601.101 25and 2633-601.210, 27Florida Administrative Code (F.A.C.), and has not received an internal security threat transfer during the review period. The review period for the initial eligibility determination by the classification officer is the preceding 12 months. The review period for the decision of the final 70approving authority is the entire term of the inmate’s current commitment.

    81(82283) 84All or any portion of g90ain time that has been forfeited 96during 97an inmate’s 99current commitment as a result of disciplinary action or revocation of probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release 126is eligible for 129restoration 130only 131when the restoration w135ill 136produce the same or greater benefits as those derived from the forfeiture. On149ly 150those inmates 152who have established positive overall institutional adjustment during the review period 163are eligible for consideration 167of hav169ing their gain time restored. Restoration will only 177be considered when the inmate 182is serving th185e 186portion of 188his or her 191sentence 192t193h194at, 195but for the forfeiture of gain time, would have been completed.

    206(2073208) Eligibility.

    210(a) Restoration of gain time 215that is forfeited 218due to disciplinary action 222may be considered only when the following criteria are satisified:

    2321. 233A minimum o236f one year has elapsed since the inmate was found guilty of a disciplinary infraction251.

    2522. The inmate 255is 256serving th258e 259portion of 261his or her 264sent265ence 266t267h268at, 269but for the forfeiture of gain time, would have been completed.

    2803. The inmate 283has established positive overall 287institutional adjustment 289during the review period293.

    2944. 295An 296inmate 297wi298ll not be eligible for restoration of forfeited gain time 308if the inmate received a felony conviction for an offense that occurred during the inmates current commitment325:

    3265. If an inma330te is found guilty of one or more of the following disciplinary infractions that occurred during the inmate’s current commitment, he or she sh354all be eligible for consideration of restoration of the gain time forfeited for those specific disciplinary infractions only upon th374e 375approval of the Secretary or Secretary’s designee382:

    3831-1

    384Assault or battery or attempted assault or battery with a deadly weapon;

    3961-2

    397Unarmed assault, where a physical attack was made against Department staff;

    4081-5

    409Sexual battery or atte413mped sexual battery;

    4161-6

    417Lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious 432manner, or intentionally committing any other sexual act in the presence of a staff member, contracted staff member or visitor;

    4521-7

    453Aggravated battery or attempted aggravated battery on a correctional officer;

    4631-8

    464Aggravated battery or attempted aggravated battery on staff other than correctional officer;

    4761-9

    477Aggravated battery or attempted aggravated battery on s485omeone other than staff or inmates (vendor, etc.);

    4931-10

    494Aggravated battery or attempted aggravated battery on an inmate;

    5031-11

    504Aggravated ass506ault or attempted aggravated assault on a correctional officer;

    5151-12

    516Aggravated assault or attempted aggravated assault on staff other than correctional officer;

    5281-13

    529Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.);

    5441-14

    545Aggravated assault or attempted aggravated assault on an inmate;

    5541-15

    555Battery or attempt558ed battery on a correctional officer;

    5641-16

    565Battery or attempted battery on staff other than correctional officer;

    5751-17

    576Battery or attempted 579battery on someone other than staff or inmates (vendor, etc.);

    5891-18

    590Battery or attempted battery on an inmate;

    5971-19

    598Assault or attempted assault on a correctional officer;

    6061-20

    607Assault or attempted assault on staff other than correctional officer;

    6171-21

    618Assault or attempted assault on someone other than staff or inmates (vendor, etc.);

    6311-22

    632Assault or attempted as636sault on an inmate;

    6402-1

    641Participating in riots, strikes, mutinous acts, or disturbances;

    6492-2

    650Inciting or attempting to incite riots, strikes, 657mutinous acts, or disturbances – conveying any inflammatory, riotous or mutinous communication by word of mouth, in writing or by sign, symbol or gesture;

    6813-1

    682Possession of 684or manufacture of 687weapons, ammunition, or explosives;

    6913-3

    692Possession of narcotics, unauthorized drugs and drug paraphernalia;

    7003-4

    701Trafficking in drugs or unauthorized beverages;

    7073-7

    708Possessio709n of aromatic stimulants or depressants, such as paint thinner, glue, toluene, etc.;

    7223-14

    723Unauthorized possession or use of a cellular teleph731one or any other type of wireless communication device, or any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a communication device prohibited under Section 781944.47(1)(a)6, F.S.;

    7834-1

    784Escape or attempted e788scape;

    7897-6

    790Arson or attempted arson;

    7949-22

    795Robbery or attempted robbery;

    7999-36

    800Gang related activities, including recruitment; organizing; di807splay of symbols, groups or group photos; promotion or participation.

    8176818. Once an inmate has gain time restored, 826a 827subsequent 828forfeiture 829of gain time due to 834a 835disciplinary 836infraction during the inmate’s current commitment 842will make the inmate ineligible for further restoration.

    8507851. Gain time that is 856forfeited 857prior to an inmate receiving an additional commitment for an 867offense committed while i871n custody of the D876epartment will not be considered for restoration.

    883(b) 884An inmate is eligible for r890estoration of gai893n time forfeited 896due to 898revoca899tion of probation 902(offenses committed pri905or to 1/1/94 only), 909community control 911(offenses committed prior to 1/1/94 only), 917provisional release, supervised community release, conditional medical release 925(violations prior to 5/30/97 only), 930control release 932(violations prior to 5/30/97 only), 937or conditional release 940(violations prior to 5/30/97 944only) 945only when 947the inmate was not convicted of a new felony offense for acts 959that occurred during the period of release. 966The following crite969ria must also be satisfied before an inmate is eligible for restoration981:

    9821. 983A 984minimum of one year 988has elapsed since 991the date of the 995revocation of 997probation, community control, 1000provisional release, supervised community release, conditional medical release, control release, or conditional release;

    10132. The inmate 1016has not received any disciplinary infractions 1022since return 1024as a probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditi1041onal release violator;

    10443. The inmate 1047has established a positive overall 1052institutional 1053adjustment since return as a probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violator;

    10754. The inmate 1078has 1079completed, 1080is 1081participating in, 1083has requested or has been placed on the waiti1092ng list(s) for a program where it has been determined that the inmate is in need of the program pursuant to Rule 111433-601.210, 1115F.A.C. 1116An inmate’1118s need for programs, recommendations and priority ranking are determine1128d by the Department’s needs assessment systems and records in the OBIS.

    11405. Any inmate who receives restoration of gain time forfeited due to 1152a 1153probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violat1170ion will not be eligible for restoration 1177of gain time forfeited due to 1183any subsequent probation, community control, provisional release, super1191vised community release, conditional medical release, control release, 1199or conditional release violation while serving 1205the community supervision portion 1209of 1210the sentence for the same offense;

    12166. The inmate 1219is 1220serving the portion of 1224his or her 1227sentence 1228that, 1229but for the forfeiture of gain time, would have been completed.

    1240(124141242) 1243P1244rocess1245ing restoration of forfeited gain time1251.

    1252(a) Restoration of gain time will be considered only when 1262an 1263inmate has met the criteria specified in subsections (127221273) and (127631277) of this rule.

    1281(b) There is no entitlement for consideration based upon an inmate’s re1293quest.

    1294(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 1338D1339epartment staff will not be 1344processed. Form DC6-236 is incorporated by reference in 1352R1353ule 33-103.0135505, 1356F.A.C.

    1357(d) If 1359an 1360inmate meets the criteria in subsection1366s 1367(2) 1368and (3), 1370the classification officer 1373wi1374ll forward the request to the institutio1381nal classification team (ICT) with a recommendation either for or against restoration. If the inmate does not meet the criteria in subsection1403s 1404(2) 1405and (3), 1407the classification officer shall return the request to the inmate, indicating in writing which criteria is not met.

    1425(e) The ICT wi1429ll consider t1432he request based upon the criteria in subsections (144121442) and (144531446) 1447and make a recommendation either for or against restoration to the final approvi1460ng authority for final action if the inmate meets all eligibility crite1472ria1473.

    1474(f) 1475Unless otherwise stated herein, t1480he final approving authority for 1485a request for 1488restoration of forfeited gain time i1494s 1495the Assistant 1497Deputy 1498Secretary of Institutions or 1502his or her 1505designee. Upon receipt of the recommendation from the ICT, the final approving authority 1518wi1519ll approve or deny 1523the 1524request 1525based upon the crite1529ria in subsections (153321534) and (153731538).

    1539(g) 1540The institution as defined in Section 1546944.02(8), 1547Florida Statutes, where t1551he requesting inmate is assigned will be notified via electronic mail f1563rom the Bureau of Classification Management, and classification staff at the institution will notify the inmate via institutional mail of the decision and the basis for the decision.

    1591Rulemaking Authority 1593944.09, 1594944.275 FS. 1596Law Implemented 1598944.09, 1599944.275, 1600944.28 FS. 1602History–New 11-27-84, Formerly 160533-11.15, 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, 16182-1161961620-17, 162110-21-21, 16229-1623211624-231625.

Historical Versions(6)

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