944.278
Cancellation of administrative gain-time and provisional credits.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
944.278 Cancellation of administrative gain-time and provisional credits.—All awards of administrative gain-time under 1s. 944.276 and provisional credits under 2s. 944.277 are hereby canceled for all inmates serving a sentence or combined sentences in the custody of the department, or serving a state sentence in the custody of another jurisdiction. Release dates of all inmates with 1 or more days of such awards shall be extended by the length of time equal to the number of days of administrative gain-time and provisional credits which were canceled. Inmates who are out of custody due to an escape or a release on bond, or whose postrelease supervision is revoked on or after the effective date of this act, shall have all administrative gain-time and provisional credits canceled when the inmate’s release date is reestablished upon return to custody. Offenders who are under provisional release supervision as of the effective date of this section shall be subject to the terms and conditions established at the time of release until such offenders have been discharged from supervision. Offenders who have warrants outstanding based on violation of supervision as of the effective date of this section, or who violate terms of supervision subsequent to enactment of this section, shall be terminated from supervision and returned to custody. All provisional credits shall be canceled when an offender’s tentative release date is reestablished.
History.—s. 35, ch. 93-406.
Notes of Decisions
Cited in 33
cases, 1994–2004 · leading case: State v. Lancaster
State v. Lancaster (1998)
“§ 944.278, Fla. Stat. (1993) (emphasis added).”
Meola v. Department of Corrections (1998)
“Meola and Jones lost their credits because the State retroactively made them ineligible for the receipt of Provisional Credits based on their offenses (murder).”
Herring v. Singletary (1995)
“In 1993 all provisional credits previously granted were cancelled by Fla.Stat. § 944.278. Finally, a fourth mechanism to relieve overcrowding was the creation of what is called control release, administered by the Florida Parole Commission as the Control Release Authority.”
Calamia v. Singletary (1996)
“1994) *1341 (unpublished order adopting the report of the magistrate judge dated October 20, 1994), the district court adopted the report of the magistrate judge who reasoned that the retroactive denial of administrative gain time and provisional credits by the adoption of…”
Griffin v. Singletary (1994)
“On June 17, 1993, DOC cancelled Griffin's administrative gain time pursuant to section 944.278, Florida Statutes (1993) (effective June 17, 1993).”
Gomez v. Singletary (1998)
“See § 944.278, Fla. Stat. (1993)(note 2); ch.”
Davis v. Singletary (1995)
“However, as a result of the DOC's interpretation of section 944.278, Florida Statutes (1993), Davis was not awarded a full ten years of credit.”
Orosz v. Singletary (1997)
“" § 944.278, Fla.Stat. (1993) (emphasis added).”
State v. Lancaster (1997)
“[1] The district court stated that our opinion in Orosz "provides that a defendant who committed an offense prior to October 1, 1989, and completed his sentence prior to the enactment of section 944.278, Florida Statutes (1993), has a vested right to previously awarded…”
Langley v. Singletary (1994)
“However, Langley overlooks the fact that section 944.278, Florida Statutes (1993), voided all provisional gain time for every inmate serving a sentence or combined sentence in the custody of the Florida Department of Corrections.”
Bergelson v. Singletary (1998)
“In his amended petition, petitioner had alleged that the retroactive cancellation by the Department of Corrections of 1,500 days of provisional credits pursuant to section 944.278, Florida Statutes (1993), constituted a violation of the Ex Post Facto Clause (art.”
Winkler v. Moore (2002)
“In Langley , we discussed the reasons for the across-the-board cancellations taken pursuant to section 944.278 and found those reasons to be adequate.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.