Florida Regulations 33-601.104: Withholding or Forfeiture of Gain Time
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(1) Earned Gain Time.
(a) Without Hearing – without prior notice or hearing, an inmate shall forfeit all gain time earned prior to escape or release on supervision upon:
1. Conviction for escape committed before October 1, 2013 – forfeitures assessed under this provision may be mitigated in full or in part upon request of the inmate to the inmate’s classification officer at the discretion of the Secretary or designee based on factors including, but not limited to, the sophistication of the escape, whether force was used during the escape, the length of time outside the Department’s custody following the escape, and whether any criminal activity was committed while outside the Department’s custody following the escape;
2. Revocation of parole, conditional release, control release or clemency;
3. Revocation of conditional medical release providing the offender was revoked for any reason other than improvement in medical condition;
4. Revocation of provisional release supervision, or the revocation of probation or community control if such supervision was imposed for a crime committed on or after October 1, 1989.
(b) After Hearing – An inmate who (a) violates any penal law of this state, or any rule of the Department or institution, (b) threatens or knowingly endangers the life or physical well-being of another, (c) refuses in any way to carry out or obey lawful instructions (d) neglects to perform the work, duties and tasks assigned in a faithful, diligent, industrious, orderly and peaceful manner, or (e) escapes on or after October 1, 2013 may have all or part of the gain time earned forfeited by the Department after a hearing as provided in these rules. An acquittal or dismissal of charges in a court based upon the same acts charged in a disciplinary proceeding will not prevent the Department from forfeiting gain time after a proper hearing.
(2) Unearned Gain Time. Unearned gain time, that is, the right to earn gain time in the future, may be forfeited as provided in Fl. Admin. Code R. 33-601.308(4)(m)
Rulemaking Authority 944.09, 944.275, 947.149(6) FS. Law Implemented 944.09, 944.275, 944.28, 947.149(5)(a), (b) FS. History-New 2-26-80, Amended 1-12-83, Formerly 33-11.11, Amended 1-19-86, 1-27-87, 4-28-87, 10-12-89, 10-14-91, 7-14-94, Formerly 33-11.011, Amended 8-5-13.
Terms Used In Florida Regulations 33-601.104
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Conviction: A judgement of guilt against a criminal defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
1. Conviction for escape committed before October 1, 2013 – forfeitures assessed under this provision may be mitigated in full or in part upon request of the inmate to the inmate’s classification officer at the discretion of the Secretary or designee based on factors including, but not limited to, the sophistication of the escape, whether force was used during the escape, the length of time outside the Department’s custody following the escape, and whether any criminal activity was committed while outside the Department’s custody following the escape;
2. Revocation of parole, conditional release, control release or clemency;
3. Revocation of conditional medical release providing the offender was revoked for any reason other than improvement in medical condition;
4. Revocation of provisional release supervision, or the revocation of probation or community control if such supervision was imposed for a crime committed on or after October 1, 1989.
(b) After Hearing – An inmate who (a) violates any penal law of this state, or any rule of the Department or institution, (b) threatens or knowingly endangers the life or physical well-being of another, (c) refuses in any way to carry out or obey lawful instructions (d) neglects to perform the work, duties and tasks assigned in a faithful, diligent, industrious, orderly and peaceful manner, or (e) escapes on or after October 1, 2013 may have all or part of the gain time earned forfeited by the Department after a hearing as provided in these rules. An acquittal or dismissal of charges in a court based upon the same acts charged in a disciplinary proceeding will not prevent the Department from forfeiting gain time after a proper hearing.
(2) Unearned Gain Time. Unearned gain time, that is, the right to earn gain time in the future, may be forfeited as provided in Fl. Admin. Code R. 33-601.308(4)(m)
Rulemaking Authority 944.09, 944.275, 947.149(6) FS. Law Implemented 944.09, 944.275, 944.28, 947.149(5)(a), (b) FS. History-New 2-26-80, Amended 1-12-83, Formerly 33-11.11, Amended 1-19-86, 1-27-87, 4-28-87, 10-12-89, 10-14-91, 7-14-94, Formerly 33-11.011, Amended 8-5-13.