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Florida Democrats Seek Prison Release for Non-Violent Offenders After 65% of Time Served Instead of 85%

January 6, 2023 | FlaglerLive | 31 Comments

A Flagler County inmate getting processed, after his sentencing, for entry into the Department of Corrections system last May. (© FlaglerLive)
A Flagler County inmate getting processed, after his sentencing, for entry into the Department of Corrections system last May. (© FlaglerLive)

Tampa Democratic state Rep. Dianne Hart has again filed “gain-time” legislation that would allow some prison inmates to reduce their sentences through rehabilitation programs.

Calling the state’s criminal justice system “outdated,” Hart filed a proposal this week (HB 115) that would allow non-violent offenders to reduce their mandatory time served from 85 percent to 65 percent through their successful completion of academic and other learning courses while incarcerated. Gain time does not apply to sexual offenders or to those imprisoned without the possibility of parole.




Hart has sponsored a version of this bill since her first term in the House in 2019, but it’s been opposed by law enforcement agencies such as the Florida Sheriffs Association over the years and therefore never made it out of committee to the House floor for a vote.

That’s despite a 2019 report from the Criminal Justice Estimating Conference predicting that five years after lowering the threshold to 65 percent for non-violent offenders, the state would see a reduction of 7,266 inmate beds and cost savings of $441 million.

That same report found that Florida ranks among the minority of states that require non-violent offenders to serve the same percentage of time as those with violent offenses.

“I sincerely believe that by providing inmates with educational opportunities we will be able to tackle many issues that are plaguing our correctional system,” Hart said in a written statement.

“This bill was drafted with the input of those formerly and currently incarcerated and their families. This bill would not only provide an incentive for inmates to gain education while incarcerated, but will reduce our prison population substantially, thus making our correctional facilities safer for both officers and inmates. “

GOP proposal

Gainesville Republican state Sen. Keith Perry sponsored a proposal in the 2022 session that would have lowered the threshold to 75 percent for non-violent offenders, but that bill died in committee.




“Gain-time” is defined by the Florida Department of Corrections as the opportunity for an inmate to receive a reduction in his or her overall sentence as imposed by the court.

The department is the third largest prison system in the country with nearly 81,000 inmates as of March 2022, according to the Office of Program Policy Analysis and Government Accountability.

In her press release, Hart says that the bill is needed because the state’s correctional facilities “are overcrowded with inmates, causing unsafe environments for our officers and staff. Some facilities are understaffed to dangerous levels, leaving one officer to supervise more than 100 inmates at a time.”

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Reader Interactions

Comments

  1. Simon says

    January 6, 2023 at 12:21 pm

    So is “non-violent” the burglars, drug dealers, shoplifters, catalytic converter thieves, etc.? Sure, turn them loose…in Russia!

  2. John Yankovich says

    January 6, 2023 at 2:22 pm

    If you can’t do the time don’t do the crime!!!!

  3. Dennis C Rathsam says

    January 6, 2023 at 5:27 pm

    The woke democrats here in the state of Fl are clearly enjoying greats ammounts of medical maraquana. Crime is running ramped, & these folks want to let prisoners out early….Why to commit more crime? If you cant do the time, dont do the crime! Florida must not sucum to the woke few, like in other states. We like our safety, thanks to F C S. They have enough to do now, with the currant amount of BOZO,s we have running around.

  4. Al Cahol says

    January 6, 2023 at 10:50 pm

    Medical maraquana ? Someone has had one too many Martinies !!!!

  5. Nephew Of Uncle Sam says

    January 7, 2023 at 10:00 am

    “Woke democrats”, ” medical maraquana”? Nice spelling. Might want to sit outside a dispensary around here sometime, many vehicles sporting the losing “president” flags and stickers along with encouragement of NASCAR driver Brandon Brown flags and stickers.

  6. Karen L Stuckey says

    January 7, 2023 at 5:48 pm

    My husband wouldn’t qualify. He had a seizure while exiting a Sam’s club…that was resisting arrest. You the taxpayers will pay over $750k to incarcerate a man for stealing $97.

    https://famm.org/stories/seriously-ill-and-locked-up-for-stealing-6-dvds/

    https://www.abcactionnews.com/news/local-news/i-team-investigates/an-influx-of-sick-elderly-inmates-in-florida-prisons-called-a-crisis

    Florida Justice system needs an overhaul!

  7. Stretchem says

    January 9, 2023 at 2:13 pm

    The prison world isn’t much different than the free world in that the people need incentives. Without incentives, or the will to better yourself, then there’s no motivation. You folks want these people back out among us doubly worse off than when they went in? I don’t. You want the various guards and DoC personnel fighting for their everloving lives daily because we choose to demoralize felons? Those same personnel carrying all of that baggage living out here among us? I don’t.

    This package allots and requires personal betterment. Education. Skills. In return you get out earlier. Why would anyone have a problem with that? Lemme guess… because perhaps you’re a deplorable miserable uncaring person buying your time in hopes your life never goes sideways at your own fault or not.

  8. CR says

    January 18, 2023 at 10:37 am

    you are not serving some time for something, only because you havent been caught. yet. point the finger and I hope you say “NEVER”…..

  9. Nicole Meadows says

    January 27, 2023 at 11:07 pm

    My husband was sensitive years Foste accused of stuff in the prisons that he’s been to are so horrible. They use in old food. Their medical staff sucks. It’s getting bad out there in his presence. Our family isn’t safe even in there anymore. It’s crazy how our governor says he’s going to protect our prisoners in there and this and that and they are being tortured. They are being miss treated and it’s getting ridiculous down here and foot in these presents and 85%. That’s not good enough we need to get it down to 65% so I loved ones that have changed and want to do better get a second chance.

  10. Dani says

    January 30, 2023 at 8:17 pm

    I do agree to that ^^^.. Our love ones do deserve a second chance at life they’re still human they just made poor decisions at that time. Anyone deserves a second chance for one’s that really have changed their life around 360 for the greater good.

  11. Curtis Ruff says

    February 1, 2023 at 7:07 am

    It’s a down right shame that drug offenders are serving 85% of their prison sentences, especially when all it takes is for a person to be in possession of 28 grams or more of cocaine to receive up to 30 years in prison… The Florida prison system is broken when a person receives more time for drugs than murder and rape. Florida put drug offenders in brackets based on the amount cocaine they are in possession of 28 to 200 grams carry 3 – 30 years, 200 to 400 grams of cocaine carry 7 – 30 years and lastly over 400 grams – to 150 kilo grams carry 15 – 30 years. How can a person with a over a 150,000 grams of cocaine be treated the same as someone with 28 grams, and who are these laws targeting… with windows so big who gets 3 and who gets 30, and lastly is someone with 400 grams really the same as someone with over a 150,000… Things that make you go Hmmm.

  12. Jonh says

    February 3, 2023 at 9:54 pm

    It’s not about doing time, or not doing crimes. There’s people who poorly made bad mistakes. I do agree that there’re some criminals that deserves all the weight of the law, but we have to take in consideration some inmates who really shows that they are changed their mind set.! That’s why we have the classification officers working in prison to check out the inmates behavior.!

  13. Cinthia Castle says

    February 5, 2023 at 5:09 pm

    Overhaul, is understatenent.understatement.. their are people being sentenced to prison without them being guilty or a fair trial because of them so quick to arrest without doing research first. Then on top of it all, they can say or do whatever they want to make a person defenseless in the short amount of time they get to defend themselves.. how about the why these crimes if they were commited..it matters.. sometimes life backs a good person in a corner without a choice and survival is only option given. How about a little more compassion to find the solution not just cover it up with more problems.. their is a solution and it starts with listening.

  14. Nicole says

    February 11, 2023 at 11:40 pm

    VERY well said Curtis Ruff!!!

  15. Amy says

    February 14, 2023 at 1:48 pm

    Agreed

  16. Amy says

    February 14, 2023 at 1:55 pm

    Absolutely! I know everyone always says they didn’t do it well my husband really didn’t do everything he was charged with. The police aren’t gonna admit they were wrong so a man that’s never been in trouble is serving 7 years mandatory and his life has been hell since he entered the prison system. From inmates to staff. I just pray to God everyday that something will change.

  17. The dude says

    February 14, 2023 at 6:13 pm

    I mean… the violent and really depraved ones seem to use the revolving door at the Flagler county courthouse.

    Why not the non-violent?

    Also, I don’t understand how a number of ya’ll made it this far in life based on your written communication skills on display here.

    I’d say something snarky about being products of this shithole state’s education system, but nobody who lives here is actually from here.

  18. Dajonna Dennis says

    February 19, 2023 at 9:49 pm

    Amen I agree with , Love your comment

  19. Doll says

    February 20, 2023 at 11:43 am

    I agree with you Curtis..who’s being targeted? The same goes for those in possession of a firearm’s with no prior history of violent crimes or previous sentence.

    Judges in the state of Florida have ability after trial to sentence to 38months thru 30 years and in the state of Florida the judges are handing down 30-year sentences with no discretion being shown for a first time offense of being in possession of a fire arm. Meanwhile, murderers, rapist, child molesters are given little or no time at all if they are Caucasian compared to those that are African American!

    This is very dis-heartening. Once one of their families go through this same thing..oh, I forgot they never will endure the injustices being imposed on African Americans because that are the privileged Caucasian

    Governor Desantis that 65% early release for prison reform is needed this year in 2023! You have received enough campaign funds. LET OUT MEN and WOMEN GO!

  20. Robert Stewart says

    February 20, 2023 at 5:28 pm

    Those convicted of murder where there was no intent involved should have their charges downgraded. The key word being “intent”. In Florida all participants of a fatal mugging are equally guilty of murder. It should be the person in possession of the firearm who is solely responsible for its use.

  21. Linzey says

    March 8, 2023 at 3:29 pm

    Thank you

  22. Gladys says

    March 16, 2023 at 11:52 pm

    This is a very profitable business. That’s it. There are people in prison that made a mistake in their lives that cost them their freedom. There are others that are not guilty. Not everyone in there is the same or behave the same. They should reduced their sentence by 65% for well behavior, work and training. Use jails for violent crimes and recurring offenders of violent crimes, rape, murder.

  23. David w simmons says

    March 20, 2023 at 10:06 am

    Everyone second chance deserve a second chance

  24. K lynne says

    April 2, 2023 at 5:18 am

    Great amounts of medical Marijuana. Currant=current. Perhaps you could benefit from prison,they offer free classes .

  25. Brad says

    May 10, 2023 at 2:56 am

    Ask an inmate how often they see or talk to their classification officers though and you’ll be wondering why there is even such a position in Florida prisons

  26. Mike says

    May 12, 2023 at 8:58 pm

    There may be a balance issue here. Young offenders who have not actually injured anyone but have made some really stupid mistakes in life; usually related to drug abuse and/or unresolved mental health issues, should have SOME light at the end of the tunnel that is not a freight train coming back at them.

    Some day, they will be returning to our neighborhood. Maybe some encouragement for them to do SOMETHING good with their lives MIGHT help SOME to improve their lives. Otherwise, the only reasonable answer is to give EVERY offender Life without Parole and just forget about them as human beings altogether.

  27. Tony says

    June 20, 2023 at 9:37 pm

    Big facts

  28. Tony says

    June 20, 2023 at 9:46 pm

    Now we talking..thanks my brother

  29. Tony says

    June 20, 2023 at 9:55 pm

    really pray that God don’t send no trials or tribulations your way, cause you wouldn’t be able to handle it…every one makes bad decisions.

  30. Angie says

    June 26, 2023 at 11:29 pm

    I’m so sorry for you. My husband is innocent too and he got 10 years. Never spent 1 night in jail before NEVER VIOLENT and not sentenced as violent offender…10 years for a cabinet business that failed and he couldn’t refund 8 or 9 customers now called “victims” by the states attorney. In total less than $80k. But one of the “victims” was a Lt. police officer’s girlfriend and they went after my husband, my little girls father over $4200. They smeared him and his business on Facebook and got the 7 or 8 other people to go along … we didn’t have money for an attorney AND got the nastiest judge in 2 counties. She could have sentenced him to 2 yrs or less but she decided to give him 10 yrs in prison PLUS 20 yrs probation PLUS restitution for the $80k. Florida’s justice system is a joke UNLESS you have money to pay for a lawyer. *if we had the money, he would’ve gladly given the people a refund.

  31. Gloria Boyington says

    July 8, 2023 at 2:49 pm

    My boyfriend is on the verge of losing his oppertunity for work release, he has put in several request to speak to classifications, but hears nothing, who else does these guys have to request the answers they seek?

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