33-601.101: Incentive Gain Time
PURPOSE AND EFFECT: Rule amended to clarify that only inmates who are found guilty of disciplinary reports on or after July 15, 2009 are eligible for the shortened ineligibility periods that were promulgated on that date. The change is necessary to clarify that the reduced periods of ineligibility are not, and were not intended to be, retroactive from the date of their promulgation. Language in the rule stating that “[a]ny inmate who is found guilty of a disciplinary report on or after April 21, 1996… shall be eligible to earn incentive gain time as follows” was placed in the rule only to ensure prospective application of a prior rule change in accordance with Britt v. Chiles, 704 So. 2d 1046 (Fla. 1997); this language is no longer necessary and will be amended to state that inmates found guilty of a disciplinary report on or after July 15, 2009 shall be eligible to earn incentive gain time pursuant to the provisions of the rule.
SUMMARY: The proposed rule clarifies that only inmates who are found guilty of disciplinary reports on or after July 15, 2009 are eligible for the shortened ineligibility periods that were promulgated on that date. The change is necessary to clarify that the reduced periods of ineligibility are not, and were not intended to be, retroactive from the date of their promulgation. Language in the rule stating that “[a]ny inmate who is found guilty of a disciplinary report on or after April 21, 1996… shall be eligible to earn incentive gain time as follows” was placed in the rule only to ensure prospective application of a prior rule change in accordance with Britt v. Chiles, 704 So. 2d 1046 (Fla. 1997); this language is no longer necessary and will be amended to state that inmates found guilty of a disciplinary report on or after July 15, 2009 shall be eligible to earn incentive gain time pursuant to the provisions of the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
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, 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 July 15, 2009 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. through (8) No change.
Rulemaking 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 33-11.0065, Amended 7-15-09, ________.