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FLDOC - What You Need to Know Information relating to the Florida Department of Corrections. Q&A for those new to the FLDOC system should be posted here.

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  #1  
Old 10-03-2004, 03:36 AM
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Default Gain time in Florida Correctional Institutions?

does anybody know what the gain time is here in florida?
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  #2  
Old 10-03-2004, 07:06 AM
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Gain time depends on the date of the offense. Most inmates today receive 10 days a month for good behavior (gain time).
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  #3  
Old 10-18-2004, 08:26 PM
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DOC 33's (RULES to LIVE BY!!)

33-601.101 Incentive Gain Time.
(1) Ineligibility.
(a) No inmate shall receive or accumulate incentive gain time:
1. For the minimum portion of a sentence imposed pursuant to Section 775.087(2), F.S., for an offense committed on or after 10-1-76 involving use or possession of a firearm, machine gun, or destructive device as defined in Section 775.087, F.S.;
2. For the minimum portion of a sentence imposed pursuant to Section 893.13(1)(e), F.S.,(1989), for a specified drug related offense committed on or after 6-27-89 but before 1-1-94, in, on, or within 1,000 feet of a school;
3. If sentenced under Section 893.13(1)(i)1., F.S., for a specified drug-related offense committed prior to 1-1-94 in, on, or within 200 feet of real properties described in Section 893.13, F.S.;
4. For the period of time remaining in any treatment program placement term imposed under Section 953.11, F.S.
5. If convicted of offenses committed on or after 10-1-95 and has 85% or less of the sentence remaining to be served.
(b) An inmate shall not be eligible for incentive gain time in an amount which would cause a sentence to expire prior to such inmate having served the minimum or mandatory minimum portion of a sentence imposed pursuant to:
1. Section 775.0823, F.S., for specified crimes committed against a law enforcement officer, state attorney, or assistant state attorney on or after 1-1-90 but prior to 1-1-94, or against a judge or justice of a court described in Article V of the State Constitution on or after 10-1-90 but prior to 1-1-94;
2. Section 775.084(4)(b), F.S., as a habitual violent felony offender for an offense committed on or after 10-1-88;
3. Section 775.0875(1), F.S., for taking a firearm from a law enforcement officer while such officer was lawfully engaged in law enforcement duties in those instances where such offense was committed prior to 1-1-94.
(c) An inmate shall not be eligible for incentive gain time in an amount which would cause a sentence to expire prior to such inmate having served the period of time for which the court has retained jurisdiction pursuant to Section 947.16(4), F.S.
(2) Eligibility. All other inmates not excluded in subsection (1) or (5) of this section, including those in the custody of another agency while actively serving a Florida sentence in accordance with the Interstate Corrections Compact or designated pursuant to Section 921.16(2), F.S., may be awarded incentive gain time pursuant to subsection 33-601.101(3), F.A.C.
(3) How credited. For inmates eligible to receive consideration under this section, the following procedures shall be used.
(a) Each inmate eligible for consideration for award of incentive gain time shall receive gain time evaluations based upon his institutional adjustment as reflected in evaluations from security, work and program components, if assigned. If it becomes necessary to make corrections to the inmate's monthly security, work or program evaluations after the evaluations have already been submitted, the request for correction along with the reasons for the correction shall be submitted in writing to the department head for approval. The approved corrections shall be submitted to the correctional probation officer or his designee who shall make the necessary changes.
1. The security evaluation is the rating of an inmate's institutional adjustment that includes evaluation of all areas of daily institutional routine with the exception of the inmate's work and program assignments. The security rating for the month shall be determined through the review of the four security behavioral objectives, while considering the inmate's capabilities. The security rating is to be determined by observations of the evaluator, notations on the inmate's Housing Officer Contact Card, and information from other staff sources regarding the inmate's behavior. The employee completing the security evaluation shall not complete the inmate's performance evaluation for the same month. The following security behavioral objectives shall be considered when completing the monthly security rating:
a. Hygiene: grooming and personal cleanliness.
b. Appearance: care of issued clothing and compliance with uniform regulations.
c. Conduct: adherence to rules, regulations, procedures, and orders and respect for others.
d. Maintenance of living quarters: appearance and cleanliness of assigned living area.
2. The performance evaluation is the rating of the inmate's performance in work and program assignments. The monthly performance rating shall be determined through the review of the performance behavioral objectives, while considering the inmate's capabilities.
a. In a month in which an inmate has more than one full time assignment, the assignment of the longest duration shall be utilized for determining the inmate's monthly performance evaluation.
b. In a month in which the full or half time assignments are of equal duration, the assignment closest to the end of the month shall be utilized to determine the inmate's monthly performance evaluation.
c. In a month in which an inmate has any half time assignments, both half time evaluations shall be completed. The half time assignment of the longest duration in both a.m. time period and the p.m. time period shall be utilized for determining the inmate's performance evaluation. In determining the work and program performance evaluation for the half time assignments, the work and program rating reflects the same rating as the two half time assignments if the ratings are the same. If the two half time ratings are different, the overall work and program evaluation shall reflect the lesser of the two ratings.
d. In a month in which the inmate:
(I) Is designated a medical grade W-5, or
(II) Is in medical staging at a reception center, or
(III) Is housed in the Corrections Mental Health Institution, Crisis Stabilization Unit, Transitional Care Unit, Hospital or Infirmary, and
(IV) The status as described in 1., 2. or 3. is of a longer duration than any work or program assignment during the month, then the inmate’s performance evaluation shall be derived from a rating submitted by the health care provider who has the primary health care responsibility for the inmate. The health care provider shall evaluate the inmate on the following behavioral objectives:
(A) Following the treatment regimen;
(B) Adherence to health care staff instructions;
(C) Positive relationships with health care staff and other patients.
e. The employee completing the work or program performance evaluation shall not be the same employee completing the security evaluation.
f. The following behavioral objectives shall be considered when evaluating the monthly work and program rating:
(I) Conduct in program and work assignment: adherence to rules, regulations, procedures, and orders and demonstration of respect for others.
(II) Interaction with others: degree to which inmate works and participates with others to accomplish required tasks.
(III) Motivation for personal development and improvement: degree of interest displayed in improving skills and increasing capabilities.
(IV) Work and study habits: willingness to accomplish tasks without being prompted.
(V) Constructive use of time: promptness in reporting to assigned area and effective use of time.
3. The security and performance evaluation provides the preliminary base gain time recommendation for the inmate in the following amounts. These amounts are contingent on the performance evaluations derived from work and programs and the security evaluation unless modified in accordance with paragraph 33-601.101(3)(b), F.A.C.
a. When either evaluation is unsatisfactory, the preliminary base gain time recommendation shall be zero days.

b. When both evaluations are satisfactory, the preliminary base gain time recommendation shall be as follows:
i. An inmate convicted of an offense committed prior to 10-1-95 shall receive a preliminary base gain time recommendation of 8 days.
ii. An inmate convicted of an offense committed on or after 10-1-95 and not sentenced as a violent career criminal shall receive a preliminary base gain time recommendation of 4 days.
iii. An inmate convicted of an offense committed on or after 10-1-95 and sentenced as a violent career criminal shall receive a preliminary base gain time recommendation of 2 days.
c. When one evaluation is above satisfactory and the other is satisfactory, the preliminary base gain time recommendation shall be as follows:
i. An inmate convicted of an offense committed prior to 10-1-95 shall receive a preliminary base gain time recommendation of 12 days.
ii. An inmate convicted of an offense committed on or after 10-1-95 and not sentenced as a violent career criminal shall receive a preliminary base gain time recommendation of 6 days.
iii. An inmate convicted of an offense committed on or after 10-1-95 and sentenced as a violent career criminal shall receive a preliminary base gain time recommendation of 3 days.
d. When both evaluations are above satisfactory, the preliminary base gain time recommendation shall be as follows:
i. Inmates convicted of an offense occurring on or after 1-1-94 and prior to 10-1-95 which falls within the sentencing guidelines offense severity ranking chart (Section 921.0012, F.S.) level from 1 through 7 shall receive a preliminary base gain time recommendation of 22 days.
ii. Inmates convicted of an offense occurring on or after 1-1-94 and prior to 10-1-95 which falls within the sentencing guidelines offense severity chart level from 8 through 10 shall receive a preliminary base gain time recommendation of 16 days.
iii. Inmates convicted of an offense occurring prior to 1-1-94 shall receive a preliminary base gain time award of 16 days.
iv. An inmate convicted of an offense committed on or after 10-1-95 and not sentenced as a violent career criminal shall receive a preliminary base gain time recommendation of 8 days.
v. An inmate convicted of an offense committed on or after 10-1-95 and sentenced as a violent career criminal shall receive a preliminary base gain time recommendation of 4 days.
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  #4  
Old 12-02-2004, 07:12 PM
lulu3233 lulu3233 is offline
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i have question my boyfriend have a manadtory sentence with no gaintime but he tell me and plus he mail me his 10 days every month i really dont understand that
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Old 12-08-2004, 08:27 AM
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lulu I think gaintime relies more on when (the date) they got sentenced than anything else. If he sends you his 10-day slip each month then he is eligible for gaintime, so take it!
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  #6  
Old 12-29-2004, 10:14 AM
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yes if the crime is non violent (i.e.) possession of cocaine they inmate is eligible for 10 days a month and if he is a violent offender he only gets 5 days a month
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Old 12-29-2004, 10:42 AM
JamesWifey JamesWifey is offline
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My fiance usually gets his 10 days gain time per month but I also noticed a few months he got 9 days instead.

-Mari
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Old 01-05-2005, 05:44 PM
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I believe they only get the maximum amount of gaintime days if they get a satisfactory or above-satisfactory rating on both their behavior and work (if applicable).
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  #9  
Old 01-30-2007, 06:47 PM
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does gain time apply to both federal and state institutions/prisons?
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Old 02-02-2007, 01:22 PM
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If you question is in regards to a federal institution you would need to ask there. Sorry couldn't be of more help.
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Old 02-11-2007, 12:58 PM
Lola Nibbles Lola Nibbles is offline
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Florida got the 15% idea from the Feds - they give out GT also.
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Old 02-11-2007, 02:47 PM
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JimsLee still waiting on that info over here. Was your boy ever a client or were you just shooting off your mouth?
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Old 02-12-2007, 12:32 PM
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I have no idea wht kind of info you were waiting on but Jimslee has not posted in almost six months.
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Old 02-12-2007, 09:26 PM
Lola Nibbles Lola Nibbles is offline
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Good point - I didn't see that this was a thread from 2004.

JimsLee likes to call out attorneys, question their professionalism and integrity... then go hide. I thought he was back when I saw this thread. Guess not.
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Old 02-12-2007, 11:50 PM
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My fiance usually gets 25 days taken off each month, but last month only 12 were taken, and this month only 8. He hasn't gotten into any trouble..no confinement these past two months or write-ups. And he works M-F....any idea why else he might not be getting his full 25 days?
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Old 02-14-2007, 07:19 PM
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how does your financee get 25days each month? i thought the maximum time they could get was 10days .
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Old 02-14-2007, 10:47 PM
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did you mean to post this in a thread? If so pm me which one and I can put this post in the thread you are referencing. Also people sentenced before gain time changes are subject to different rules.
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Old 02-15-2007, 02:17 PM
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Beachbum....his crime was committed before the gaintime changes were made back in 1994, so he usually gets 25 days off each month.
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Old 05-23-2007, 07:30 PM
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Default Gain Time I Am Confused

Thanks For All The Info Posted. I Understand You Will Loose Gain Time For An Unsatisfactory. Ie: A Write Up Would Count For Not Shaving I Assume???? My Sons Custody Level Was Also Changed Is This Common And How Does It Go Back And Return To Work Outside The Gate?????
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