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1989-157
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Last modified
3/29/2022 11:36:29 AM
Creation date
3/29/2022 11:35:13 AM
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Template:
Resolutions
Resolution Number
1989-157
Approved Date
12/19/1989
Resolution Type
Early Release Provisions
Entity Name
Florida Association of Counties
Subject
Florida Association of Counties in support of lawsuit filed in 2nd Judicial Court on behalf
of Sheriffs of 56 Florida counties asking for a declaration that Early Release
Provisions of Florida law are unconstitutional
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i <br />• <br />11. Section 944.277, Florida Statutes, 1988 Supplement, authorizes and directs <br />the Sm. etary of the Department of Corrections to grant deductions from sentences lawfully <br />imposed on prisoners in the form of "provisional release credits" who are eaming incentive <br />gain -time, with certain exceptions, in increments not to exceed 60 days. the authority of <br />the Secretary of the Department of (erections to award "provisional release credits" in <br />increments not to exceed 60 days continues un61 the inniate population of the state <br />corrmctaotud symm re hes 97 ptt a of lawful capacity. <br />12. Secdw 944.277(5) - (7), Florida Statutes, 1988 Supplement.,aAborizes . <br />and directs that any prisoner who receives 30 or more days of provisional credits must be <br />released into the "provisional release supervision program", subject to terms and conditions <br />imposed by die Department of Corrections, subject to supervision by the Depamnxnt of y` <br />Corrections, turd subject to temunation and return to prison by the Department of <br />Corrections. <br />13. Section 944.598(2), 1988 Supplement, authorizes and directs that sentences <br />of all inmates in rte state correctional system who are eligible to earn "gam -time" shall be <br />reduced by "emergency gain -time" by the credit of up to 30 days gain-tinx, in 5 -day <br />increments as may be necessary to miuca the inmzU morulation of the ii",W=tional <br />system to 98 percent of lawful capacity, <br />14. Section 944.598(3), Florida Statutes, authorizes and directs the Secretary of <br />the Department of Corrections, to terminate the incarceration of any prisoner serving a <br />sentence of 3 years or less, unless sentenced pursuant to Sections 775.087 or 893.135, <br />Florida Statutes, who arc within the last 60 days prior to release by parole, gain -time, or <br />expiration of sentence- 7lx Secretary of ttte Department of Corrections is empowered to <br />grant credit for time served in 5 -day increments to all prisoners eligible in this category. <br />15. By operation of these herein referenced statutes relating to gain -time and <br />provisional release credits, the Department of Cormcdons or the Secretary of the <br />Department of Corrections have .omim uW the sentences of thousands of prisoners <br />lawfully sentenced to the state penitentiary. <br />16. Of those prisoners whose sentences have been commuted by the <br />Department of Corr Dons or the Secretary of the Department of Corrections and released <br />from custody, thousands have been amstcd for criminal acts committed during the period <br />of time such prisoners still would have been in prison. <br />17 Upon arrest, such prisoners have been incarcerated in various county <br />detention facilities. Because such prisoners, in many instances pose a continuing risk to <br />the community, they are detained in county detention facilities pending trial. "this detention <br />6 <br />
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