The purpose and effect of the proposed rule is to update the list of release mechanisms to include probation and community control and to clarify the conditions under which inmates are ineligible for restoration on subsequent release violations.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.105: Restoration of Forfeited Gain Time
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to update the list of release mechanisms to include probation and community control and to clarify the conditions under which inmates are ineligible for restoration on subsequent release violations.
SUBJECT AREA TO BE ADDRESSED: Restoration of forfeited gain time.
SPECIFIC AUTHORITY: 944.09, 944.275 FS.
LAW IMPLEMENTED: 944.09, 944.275, 944.28 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.105 Restoration of Forfeited Gain Time.

(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.

(2)(1) Eligibility.

(a) No change.

(b) Restoration of gain time forfeited by violation of the conditions of parole, probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release may be considered only when there have been no new convictions for offenses that occurred during the period of release.

1. 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;

2. 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;

3. 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;

4. No change.

5. 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 commitment;

6. No change.

(3)(2) How processed. Restoration of gain time will be considered only when the inmate has met the criteria specified in subsection (2)(1) of this rule. There is no entitlement for consideration based upon an inmate’s request. The final approving authority for restoration of forfeited gain time will be the Deputy Assistant Secretary of Institutions – Program. The institution where the inmate is assigned will be notified and the facility staff will notify the inmate of the decision.

Specific Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275, 944.28 FS. History–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,________.