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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 />