Florida Regulations 33-603.401: Gain Time – Definitions
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(1) Basic Gain Time Deductions from sentence determined by the length of sentence and awarded in a lump sum upon commitment to the department.
(a) An inmate whose offense occurred prior to July 1, 1978, will have basic gain time deducted in accordance with Section 944.27, Florida Statutes (1977).
(b) An inmate whose offense occurred on or after July 1, 1978, and if eligible by law will have basic gain time deducted in accordance with Section 944.275, Florida Statutes (1983).
(2) Incentive Gain Time – Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities.
(a) Inmates convicted of offenses occurring prior to January 1, 1994 shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.
(b) Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level from 8 through 10 of the sentencing guidelines offense severity chart (921.0012, Florida Statutes) shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.
(c) Inmates convicted of offenses committed on or after October 1, 1995 shall be eligible to receive up to 10 days of incentive gain time per month, except as provided in subsection 33-601.101(1), F.A.C.
(d) Inmates sentenced as violent career criminals for offenses committed on or after October 1, 1995 shall be eligible to receive up to 5 days of incentive gain time per month, except as provided in subsection 33-601.101(1), F.A.C.
(3) Enhanced Incentive Gain Time – Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities. Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level 1 through 7 of the sentencing guidelines offense severity chart (Section 921.0012, Florida Statutes) are eligible to receive up to 25 days of enhanced incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.
(4) Meritorious Gain Time – Any inmate who performs an outstanding deed, such as saving a life or assisting in recapturing an escaped inmate, or who in some manner performs an outstanding service that would merit the granting of additional deductions from his sentence length, may be awarded meritorious gain time.
(5) Performance Ratings for Incentive Gain Time. The following ratings are based on behavioral objectives as set forth in subparagraphs 33-601.101(3)(a)1. and 2., F.A.C.
(a) Unsatisfactory – The inmate failed to meet a behavioral objective during the month.
(b) Satisfactory – The inmate met all behavioral objectives during the month.
(c) Above satisfactory – The inmate met all behavioral objectives during the month and exceeded what is required to comply with one or more of the behavioral objectives.
Specific Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History-New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.035, Amended 4-17-94, 1-4-95, 3-24-96, 4-21-96, Formerly 33-11.0035.
Terms Used In Florida Regulations 33-603.401
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
(b) An inmate whose offense occurred on or after July 1, 1978, and if eligible by law will have basic gain time deducted in accordance with Section 944.275, Florida Statutes (1983).
(2) Incentive Gain Time – Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities.
(a) Inmates convicted of offenses occurring prior to January 1, 1994 shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.
(b) Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level from 8 through 10 of the sentencing guidelines offense severity chart (921.0012, Florida Statutes) shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.
(c) Inmates convicted of offenses committed on or after October 1, 1995 shall be eligible to receive up to 10 days of incentive gain time per month, except as provided in subsection 33-601.101(1), F.A.C.
(d) Inmates sentenced as violent career criminals for offenses committed on or after October 1, 1995 shall be eligible to receive up to 5 days of incentive gain time per month, except as provided in subsection 33-601.101(1), F.A.C.
(3) Enhanced Incentive Gain Time – Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities. Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level 1 through 7 of the sentencing guidelines offense severity chart (Section 921.0012, Florida Statutes) are eligible to receive up to 25 days of enhanced incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.
(4) Meritorious Gain Time – Any inmate who performs an outstanding deed, such as saving a life or assisting in recapturing an escaped inmate, or who in some manner performs an outstanding service that would merit the granting of additional deductions from his sentence length, may be awarded meritorious gain time.
(5) Performance Ratings for Incentive Gain Time. The following ratings are based on behavioral objectives as set forth in subparagraphs 33-601.101(3)(a)1. and 2., F.A.C.
(a) Unsatisfactory – The inmate failed to meet a behavioral objective during the month.
(b) Satisfactory – The inmate met all behavioral objectives during the month.
(c) Above satisfactory – The inmate met all behavioral objectives during the month and exceeded what is required to comply with one or more of the behavioral objectives.
Specific Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History-New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.035, Amended 4-17-94, 1-4-95, 3-24-96, 4-21-96, Formerly 33-11.0035.