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Rick Scott, Governor
Florida Department of Corrections, Secretary Michael D. Crews

Florida Department of Corrections
Timothy H. Cannon, Interim Secretary

Part II Offense to Sentence Date Lag Time Comparison

FACT: Scoresheets that have been received by the Department of Corrections for offenders sentenced under the Florida Criminal Punishment Code are not representative of the true impact of sentencing events under the Code.

FINDINGS:

  • There were 76,468 scoresheets submitted to the Department of Corrections with sentence dates in FY2001-2002 and offense dates on or after October 1, 2000. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY2000-2001 and offense dates on or after October 1, 1999 was 87,348.

  • Lag Time - The average length of time that passes from the date an offender commits a crime to the date the offender is sentenced for that crime is 5.7 months for sentencing events in FY2001-2002. As defined by the word "average", half of the lag times that occur are less than 5.7 months and half are greater than 5.7 months (Table 1).

  • More serious and violent crimes typically have much longer lag time than the less serious property or drug crimes. A data file that is constrained by the date of offense must allow for enough time for the serious and violent crimes to be processed and convicted in order to represent a true distribution of sentencing events. The Florida Criminal Punishment Code went into effect for offenses committed on or after October 1, 1998. As of September 6, 2002, the Department of Corrections had received over 428,000 Code scoresheets. However, because of the long lag time for serious offenses, the information to date is skewed more heavily by the less serious offenses.

  • The average lag time for FY2000-2001 sentencing events is 5.6 months, just shy of the 5.7 months for the scoresheets received with sentence dates in FY2001-2002 (Table 1). When the lag times are examined by offense severity level and type of primary offense, the average lag time for level 10 offenses (most serious) was 9.5 months for sentencing events during FY2000-2001. In FY2001-2002, the average lag time for level 10 offenses was 8.2 months. Also, for murder/manslaughter, the average lag time from offense to sentence is 10.3 months for sentencing dates in FY2000-2001, and 10.2 months in FY2001-2002 (Table 2).

  • The more violent, serious offenses represented more than seventeen percent of the scoresheets in both FY2000-2001 (17.8%) and FY2001-02 (17.7%) (Table 3).

Table 1 Comparison of Average Time from Offense Date to Sentence Date by Offense Severity Level of Primary Offense, in Months

Offense Severity Level FY 00-01
Sentence Dates
1
FY 01-02
Sentence Dates
2
1 5.3 5.3
2 5.8 5.9
3 4.9 5.1
4 5.4 5.4
5 5.8 5.9
6 6.3 6.3
7 7.0 7.0
8 8.0 7.9
9 8.7 8.8
10 9.6 8.2
Overall Average 5.6 5.7
1Offense dates on or after October 1, 1999.
2Offense dates on or after October 1, 2000.

Table 2 Comparison of Average "Lag" Time from Offense Date to Sentence Date by Primary Offense, in Months

Primary Offense FY 00-01 Sentence Dates1 FY 01-02 Sentence Dates2
Murder/Manslaughter 10.3 10.2
Sexual/Lewd Behavior 8.5 8.2
Robbery 6.6 6.6
Violent, Other 6.1 6.1
Burglary 5.9 5.7
Property Theft/Fraud/Damage 6.0 6.0
Drugs 5.1 5.3
Weapons 6.1 5.9
Other 5.2 5.1
Overall Average 5.6 5.7
1Offense dates on or after October 1, 1999.
2Offense dates on or after October 1, 2000.


Distribution Offense Group

Table 3 Distribution of Offense Sentence Dates FY 00-01 vs. Sentence Dates FY 01-02

Primary Offense FY 00-01 Sentence Dates1 FY 01-02 Sentence Dates2
Murder/Manslaughter 263
0.3%
220
0.3%
Sexual Offenses 1,207
1.4%
965
1.3%
Robbery 2,178
2.5%
1,988
2.6%
Violent Personal Offenses 11,874
13.6%
10,308
13.5%
Burglary 8,123
9.3%
7,361
9.6%
Theft/Forgery/Fraud 18,160
20.8%
16,726
21.9%
Drugs 32,735
37.5%
28,093
36.7%
Weapons 1,791
2.1%
1,447
1.9%
Other 11,017
12.6%
9,360
12.2%
Total 87,348
100.0%
76,468
100.0%
1 Offense dates on or after October 1, 1999.
2 Offense dates on or after October 1, 2000.

Table 4 Distribution of Offense

Primary Offense FY 00-01 Sentence Dates FY 01-02 Sentence Dates
Murder/Manslaughter 263 0.3% 220 0.3%
1st Degree Murder 49 0.1% 47 0.1%
2nd Degree Murder 92 0.1% 61 0.1%
3rd Degree Murder 3 0.0% 5 0.0%
Homicide, Other 4 0.0% 6 0.0%
Manslaughter 65 0.1% 57 0.1%
DUI Manslaughter 50 0.1% 44 0.1%
Sexual Offenses 1,207 1.4% 965 1.3%
Capital Sexual Battery 61 0.1% 37 0.0%
Life Sexual Battery 28 0.0% 26 0.0%
1st Degree Sexual Battery 49 0.1% 37 0.0%
2nd Degree Sexual Battery 146 0.2% 132 0.2%
Sexual Assault, Other 3 0.0% 3 0.0%
Lewd/Lascivious Behavior 920 1.1% 730 1.0%
Robbery 2,178 2.5% 1,988 2.6%
Robbery with Weapon 710 0.8% 713 0.9%
Robbery without Weapon 1,410 1.6% 1,231 1.6%
Home Invasion, Robbery 58 0.1% 44 0.1%
Violent Personal Offenses 11,874 13.6% 10,308 13.5%
Home Invasion, Other 0 0.0% 0 0.0%
Carjacking 114 0.1% 82 0.1%
Aggravated Assault 1,889 2.2% 1,663 2.2%
Aggravated Battery 1,597 1.8% 1,287 1.7%
Assault/Battery on L.E.O. 1,798 2.1% 1,486 1.9%
Assault/Battery, Other 515 0.6% 488 0.6%
Aggravated Stalking 292 0.3% 209 0.3%
Resisting Arrest with Violence 2,350 2.7% 1,817 2.4%
Kidnapping 375 0.4% 298 0.4%
Arson 181 0.2% 180 0.2%
Abuse of Children 895 1.0% 943 1.2%
Leaving Accident, Injury/Death 482 0.6% 376 0.5%
DUI, Injury 132 0.2% 128 0.2%
Violent, Other 1,254 1.4% 1,351 1.8%
Burglary 8,123 9.3% 7,361 9.6%
Burglary, Structure 4,711 5.4% 4,525 5.9%
Burglary, Dwelling 2,354 2.7% 1,985 2.6%
Burglary, Armed 210 0.2% 166 0.2%
Burglary with Assault 263 0.3% 200 0.3%
Burglary/Trespass, Other 585 0.7% 485 0.6%
Theft/Forgery/Fraud 18,160 20.8% 16,726 21.9%
Grand Theft, Other 6,906 7.9% 6,318 8.3%
Grand Theft, Automobile 2,898 3.3% 2,445 3.2%
Stolen Property 2,070 2.4% 2,105 2.8%
Forgery/Counterfeiting 2,903 3.3% 2,799 3.7%
Worthless Checks 552 0.6% 494 0.6%
Fraudulent Practices 1,691 1.9% 1,535 2.0%
Theft/Property Damage, Other 1,140 1.3% 1,030 1.3%
Drugs 32,735 37.5% 28,093 36.7%
Drugs, Manufacture/Sale/Purchase 11,484 13.1% 9,366 12.2%
Drugs, Trafficking 596 0.7% 732 1.0%
Drugs, Possession/Other 20,655 23.6% 17,995 23.5%
Weapons 1,791 2.1% 1,447 1.9%
Weapons, Discharging 345 0.4% 298 0.4%
Weapons, Possession 1,435 1.6% 1,142 1.5%
Weapons, Other 11 0.0% 7 0.0%
Other 11,017 12.6% 9,360 12.2%
Escape 2,210 2.5% 1,877 2.5%
DUI, No Injury 520 0.6% 399 0.5%
Traffic, Other 6,464 7.4% 5,508 7.2%
Racketeering 20 0.0% 8 0.0%
Pollution/Hazardous Materials 82 0.1% 77 0.1%
Other 1,721 2.0% 1,491 1.9%
Total 87,348 100.0% 76,468 100.0%