A provision in the Senate鈥檚 big criminal justice reform bill could make a big impact early on, if signed into law. That impact would come in the form of fewer people incarcerated, and significant savings for the state.
The Criminal Justice Impact Conference on Monday looked at the Senate鈥檚 Florida First Step Act. Among a number of reforms the measure seeks to bring about, one applies to how much time can get lopped off a sentence for good behavior.
Republican Senator Jeff Brandes is the bill鈥檚 principal backer. Last week during a press conference he discussed the provision, which reduces a state requirement that the incarcerated must serve 85 percent of their sentence, to 65 percent. It鈥檚 called the 鈥楾ruth In Sentencing鈥� law. Brandes says it鈥檚 among the most significant reforms in the measure.
鈥淚 think there鈥檚 probably three or four, what I would consider major reforms,鈥� Brandes said. 鈥淚 think the addition of the 65 percent gain time and piercing the 85 percent arbitrary threshold, I think it鈥檚 a huge reform. Especially allowing for individuals who have committed themselves, while incarcerate, to doing the right things.鈥�
State estimators say the bill's gain time provision could take more than 9,000 people out of the prison population by 2023-24 and potentially save state as much as $860 million dollars.
Matthew Hasbrouck with the state Office of Economic and Demographic Research sits on the Criminal Justice Impact Conference. He explained that change to the gain time cap would apply retrocatively, and be in place going forward.
鈥淭his one permits up to 20 days per month in incentive gain time,鈥� Hasbrouck said. 鈥淭his one 鈥� is applied retroactively for sentences imposed for offenses committed on or after October 1, 1995.鈥�
Because of the provision's retroactivity, estimators say about 7,600 people could be removed from the system in first year.
The House has its own omnibus criminal justice reform bill moving through the legislature. But when both chambers鈥� comparable bills cleared their last committee stops last week, only the Senate included the provision changing the Truth In Sentencing rule.
But, as both chambers try to find common ground in hopes that a final measure will pass, there are signs of negotiation.
Republican Representative Byron Donalds says on the two criminal justice reform bills, there鈥檚 always a chance the House bill could adopt some Senate language. He joined Brandes at last week鈥檚 press conference concerning the measures.
鈥淚 think it鈥檚 something that I鈥檓 open to, I don鈥檛 want to speak for my colleagues in the House,鈥� Donalds said. 鈥淟ike you guys know around here, everything鈥檚 being negotiated right now.鈥�
Judy Thompson is president of non-profit advocacy group Forgotten Majority. She has a son who is incarcerated, and spoke at last week鈥檚 House Appropriations Committee meeting. Thompson petitioned representatives to move toward the Senate on gain time.
鈥淲e can relieve the madness of mass-incarceration by increasing gain time across the board for every offender,鈥� Thompson said. 鈥淎nd we can relieve that most immediately. Your bill does not incorporate any increase in cap for gain time.鈥�
Thompson says if there鈥檚 no opportunity to use time credited for good behavior, incentive is gone.
鈥淲hat it does is, it takes away the hope,鈥� Thompson said. 鈥淚t takes away incentives for people.鈥�
If the measure passes, the increase in Florida鈥檚 gain time cap would only apply to inmates sentenced for nonviolent offenses.
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