Florida Statute 944.275 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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F.S. 944.275

944.275 Gain-time.—

(1) The department is authorized to grant deductions from sentences in the form of gain-time in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services.

(2)(a) The department shall establish for each prisoner sentenced to a term of years a “maximum sentence expiration date,” which shall be the date when the sentence or combined sentences imposed on a prisoner will expire. In establishing this date, the department shall reduce the total time to be served by any time lawfully credited.

(b) When a prisoner with an established maximum sentence expiration date is sentenced to an additional term or terms without having been released from custody, the department shall extend the maximum sentence expiration date by the length of time imposed in the new sentence or sentences, less lawful credits.

(c) When an escaped prisoner or a parole violator is returned to the custody of the department, the maximum sentence expiration date in effect when the escape occurred or the parole was effective shall be extended by the amount of time the prisoner was not in custody plus the time imposed in any new sentence or sentences, but reduced by any lawful credits.

(3)(a) The department shall also establish for each prisoner sentenced to a term of years a “tentative release date” which shall be the date projected for the prisoner’s release from custody by virtue of gain-time granted or forfeited as described in this section. The initial tentative release date shall be determined by deducting basic gain-time granted from the maximum sentence expiration date. Other gain-time shall be applied when granted or restored to make the tentative release date proportionately earlier; and forfeitures of gain-time, when ordered, shall be applied to make the tentative release date proportionately later.

(b) When an initial tentative release date is reestablished because of additional sentences imposed before the prisoner has completely served all prior sentences, any gain-time granted during service of a prior sentence and not forfeited shall be applied.

(4)(a) As a means of encouraging satisfactory behavior, the department shall grant basic gain-time at the rate of 10 days for each month of each sentence imposed on a prisoner, subject to the following:

1. Portions of any sentences to be served concurrently shall be treated as a single sentence when determining basic gain-time.

2. Basic gain-time for a partial month shall be prorated on the basis of a 30-day month.

3. When a prisoner receives a new maximum sentence expiration date because of additional sentences imposed, basic gain-time shall be granted for the amount of time the maximum sentence expiration date was extended.

(b) For each month in which an inmate works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may grant incentive gain-time in accordance with this paragraph. The rate of incentive gain-time in effect on the date the inmate committed the offense which resulted in his or her incarceration shall be the inmate’s rate of eligibility to earn incentive gain-time throughout the period of incarceration and shall not be altered by a subsequent change in the severity level of the offense for which the inmate was sentenced.

1. For sentences imposed for offenses committed prior to January 1, 1994, up to 20 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly.

2. For sentences imposed for offenses committed on or after January 1, 1994, and before October 1, 1995:

a. For offenses ranked in offense severity levels 1 through 7, under former s. 921.0012 or former s. 921.0013, up to 25 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly.

b. For offenses ranked in offense severity levels 8, 9, and 10, under former s. 921.0012 or former s. 921.0013, up to 20 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly.

3. For sentences imposed for offenses committed on or after October 1, 1995, the department may grant up to 10 days per month of incentive gain-time.

(c) An inmate who performs some 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 the term of his or her sentence may be granted meritorious gain-time of from 1 to 60 days.

(d) Notwithstanding the monthly maximum awards of incentive gain-time under subparagraphs (b)1., 2., and 3., the education program manager shall recommend, and the Department of Corrections may grant, a one-time award of 60 additional days of incentive gain-time to an inmate who is otherwise eligible and who successfully completes requirements for and is, or has been during the current commitment, awarded a high school equivalency diploma or vocational certificate. Under no circumstances may an inmate receive more than 60 days for educational attainment pursuant to this section.

(e)1. Notwithstanding subparagraph (b)3., for sentences imposed for offenses committed on or after October 1, 2014, and before July 1, 2023, the department may not grant incentive gain-time if the offense is a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).

2. Notwithstanding subparagraph (b)3., for sentences imposed for offenses committed on or after July 1, 2023, the department may not grant incentive gain-time if the offense is for committing or attempting, soliciting, or conspiring to commit a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).

(f) An inmate who is subject to subparagraph (b)3. is not eligible to earn or receive gain-time under paragraph (a), paragraph (b), paragraph (c), or paragraph (d) or any other type of gain-time in an amount that would cause a sentence to expire, end, or terminate, or that would result in a prisoner’s release, prior to serving a minimum of 85 percent of the sentence imposed. For purposes of this paragraph, credits awarded by the court for time physically incarcerated shall be credited toward satisfaction of 85 percent of the sentence imposed. Except as provided by this section, a prisoner may not accumulate further gain-time awards at any point when the tentative release date is the same as that date at which the prisoner will have served 85 percent of the sentence imposed. State prisoners sentenced to life imprisonment shall be incarcerated for the rest of their natural lives, unless granted pardon or clemency.

(5) When a prisoner is found guilty of an infraction of the laws of this state or the rules of the department, gain-time may be forfeited according to law.

(6)(a) Basic gain-time under this section shall be computed on and applied to all sentences imposed for offenses committed on or after July 1, 1978, and before January 1, 1994.

(b) All incentive and meritorious gain-time is granted according to this section.

(c) All additional gain-time previously awarded under former subsections (2) and (3) and all forfeitures ordered prior to the effective date of the act that created this section shall remain in effect and be applied in establishing an initial tentative release date.

(7) The department shall adopt rules to implement the granting, forfeiture, restoration, and deletion of gain-time.

History.—s. 1, ch. 78-304; s. 57, ch. 79-3; s. 8, ch. 83-131; s. 3, ch. 91-281; s. 26, ch. 93-406; s. 26, ch. 95-184; s. 2, ch. 95-294; s. 59, ch. 96-388; s. 1853, ch. 97-102; s. 12, ch. 2014-4; s. 11, ch. 2014-20; s. 100, ch. 2015-2; s. 4, ch. 2017-31; s. 2, ch. 2023-146.

F.S. 944.275 on Google Scholar

F.S. 944.275 on Casetext

Amendments to 944.275

Arrestable Offenses / Crimes under Fla. Stat. 944.275

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.275.

Annotations, Discussions, Cases:

Cases Citing Statute 944.275

Total Results: 20

Florida Department of Corrections v. McMillan C. Gould

Court: Supreme Court of Florida | Date Filed: 2024-11-14

Snippet: (2014), and the incentive gain-time statute, see § 944.275, Fla. Stat. (2014). In my view, based on

David B. Ingraham v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-03-06

Snippet: sentencing, by about two-thirds, 5 In 1995, section 944.275, Florida Statutes, was amended to require that

GIOVANI GUERRA v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-01-12

Snippet: at the time of the plea, he was unaware section 944.275(4)(e), Florida Statutes (2020), prohibits incentive

Gregory L. Mattox Jr. v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-07-22

Snippet: not eligible for statutory-gain time under s. 944.275 or any form of discretionary early release, other

LABRONX BAILEY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Snippet: is still true even though section 944.275(4)(f), Florida Statutes (2014), which

LABRONX BAILEY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-03-22

Snippet: is still true even though section 944.275(4)(f), Florida Statutes (2014), which

Doyle Heard v. Department of Corrections and the Florida Commission on Offender Review

Court: District Court of Appeal of Florida | Date Filed: 2018-12-14

Citation: 264 So. 3d 214

Snippet: of the BGT rule in the 1983 version of section 944.275, Florida Statutes, was not an ex post facto violation

James Mobley v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-16

Citation: 263 So. 3d 117

Snippet: he may otherwise be entitled to under section 944.275, Florida Statutes, during the mandatory minimum

Darriue Montgomery v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-11-09

Citation: 230 So. 3d 1256

Snippet: (2014). This is still true even though section 944.275(4)(f), Florida Statutes (2014), which mandates

Willie K. Clay v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-09-01

Citation: 226 So. 3d 346, 2017 Fla. App. LEXIS 12568

Snippet: offenses committed on or after October 1, 1995. See § 944.275(4)(f), Fla. Stat. (2015).

Clyde E. Johnson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-04-20

Citation: 215 So. 3d 1237, 42 Fla. L. Weekly Supp. 470, 2017 WL 1409660, 2017 Fla. LEXIS 888

Snippet: sentence, and the type of offense committed. See §§ 944.275, 944.28, 944.281 Fla. Stat. The Florida Department

Enrique Diaz v. Julie L. Jones, Secretary Fla. Dept. of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2017-03-03

Citation: 215 So. 3d 121, 2017 WL 838643, 2017 Fla. App. LEXIS 2960

Snippet: deny the petition. The version of section 944.275, Florida Statutes, in effect at the time of petitioner’s

Nairn D. Newell v. Florida Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2017-03-03

Citation: 214 So. 3d 721, 2017 WL 838818, 2017 Fla. App. LEXIS 2951

Snippet: providing for *723 such an award, section 944.275(4)(d), Florida Statutes, does not apply to inmates

Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-14

Citation: 199 So. 3d 546, 2016 Fla. App. LEXIS 13817, 2016 WL 4771440

Snippet: Turning Out Prisoners Act and enacting section 944.275(4)(b)3, Florida Statutes, which limits gain-time

Cortez Hatten v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-08-25

Citation: 203 So. 3d 142, 41 Fla. L. Weekly Supp. 352, 2016 Fla. LEXIS 1910

Snippet: not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other

Miguel Angel Alfonso-Roche v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-06-01

Citation: 199 So. 3d 941, 2016 WL 3065576, 2016 Fla. App. LEXIS 8352

Snippet: or her tern of imprisonment as provided in s. 944.275(4)(b) 3. The provisions of chapter 947, relating

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-02-26

Citation: 197 So. 3d 569, 2016 Fla. App. LEXIS 2866, 2016 WL 746540

Snippet: the Department of Corrections. See §§ 944.275; 775.087(2)(b), Fla. Stat. (2009). Williams’ sentence

Jordan v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-01-06

Citation: 182 So. 3d 819, 2016 Fla. App. LEXIS 95, 2016 WL 63436

Snippet: of that 30-year sentence. See § 944.275(4)(b)3, Fla. Stat. (1997). It would therefore appear

Antony Deshawn Melvin v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-10-20

Citation: 177 So. 3d 648

Snippet: precludes application of gain-time. See § 944.275, Fla. Stat. The trial court, in ruling that Melvin

Zachary Lambert v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-06-07

Citation: 170 So. 3d 74

Snippet: sentence, or 12.75 years. See § 944.275(4)(b)3., Fla. Stat. Taking into account the 309