Gain time is an inmate's opportunity to earn a reduction (if eligible) in his/her overall sentence imposed by the court.
Gain time is a tool the department uses to encourage satisfactory inmate behavior and motivate program and work participation.
Inmates serving life sentences or certain
minimum mandatory sentences are not eligible for gain time (during the portion of time these mandatory sentences are in effect).
Awards of gain time are made according to Florida statutes.
Just as gain time can be awarded, it can be withheld or forfeited.
There are different types of gain time.
Basic gain time (s. 944.275 F.S.) was eliminated effective January 1, 1994 as part of the Safe Streets Act passed by the 1992-93 Legislature.
Inmates whose offense was committed on or after July 1, 1978 through December 31, 1993 received 10 days of basic gain time for each month of sentence imposed. This was awarded in a lump sum upon entering prison.
Inmates sentenced before July 1, 1978 did not receive basic gain time.
Incentive gain time (s. 944.275(4)(b) F.S.) is awarded to inmates for institutional adjustment, work and participation in programs.
The awards are made on a monthly basis as earned unless prohibited by law. (These awards are posted by the 15th of the following month.)
The award amount varies in relation to the inmate's rated performance and adjustment.
Inmates who committed crime(s) on or after January 1, 1994 may earn up to 25 days of incentive gain time per month, if the crime falls within levels 1 through 7 of the revised sentencing guidelines (see s. 921.0012 F.S.).
If the crime was committed after 1983, but before January 1, 1994, the inmate is only eligible for up to 20 days per month of incentive gain time, if the crime(s) falls within levels 8-10 (see s. 921.0012 F.S.).
For crimes committed on or after October 1, 1995, inmates are required to serve 85% of the sentence imposed. Satisfaction of 85% includes time served in the county jail as credited by the sentencing court.
These inmates are eligible to earn up to 10 days per month incentive gain time. This is the current system of gain time in Florida.
This gain time is earned until the tentative release date reaches the date equal to 85% of the sentence imposed. At that point, gain time no longer is applied to reduce the sentence.
For example, lets say an inmate committed a crime after 10/1/95 and was given a 10 year sentence. Assuming he had no jail time credit, he will serve at least 8.5 years in prison. He could earn 1,020 days of incentive gain time (8.5 years or 102 months x 10 days incentive gaintime per month), but only 540 days (1.5 years or 18 months x 30 days) can be applied to the reduction of his sentence.
Meritorious gain time (s. 944.275(4)(c) F.S.) may be considered for an inmate who commits an outstanding deed. The maximum award is 60 days.
Examples of outstanding deeds are saving a life or assisting in recapturing an escaped inmate, or in some manner performing an outstanding service.
Educational achievement gain time (s. 944.275(4)(d) F.S.) in the amount of 60 days may be awarded to an inmate who receives a General Education Development (GED) diploma or a certificate for completion of a vocational program. Inmates whose offense was committed on or after October 1, 1995 are not eligible. This is a one-time award.
Education gain time (s. 944.275(2)(e) F.S.) may be awarded to an inmate who satisfactorily completes the Mandatory Literacy Program. The institution's Education Program Manager determines award compliance. This is a one-time award of six days per commitment.
Prison Releasee Reoffender Punishment Act (s. 775.082(9) F.S.) provides for an inmate to serve 100% of his/her new sentence, with no allowance for gain time, if they commit a specified offense within 3 years of their release.
Direct questions about a specific inmate's gain time awards to the Classification Officer in the inmate's assigned facility. You can find the Florida Department of Corrections on the web at
http://www.dc.state.fl.us/index.html.
As a
former Miami-Dade prosecutor, I dealt with numerous sentencing issues and post-conviction issues involving gain time awards. As a
criminal defense attorney who represents accused people in Miami-Dade and Broward County, I counsel individuals and their families regarding the consequences of sentences and plea bargains. One of the biggest concerns of those looking at time in state prison is gain time.
If you or a loved one are facing a prison sentence,
contact my office today. Let me evaluate your case and help you determine the best course of action.