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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 82,001 scoresheets submitted to the Department of Corrections with sentence dates in FY2002-2003 and offense dates on or after October 1, 2001. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY2001-2002 and offense dates on or after October 1, 2000 was 81,366.
  • 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 5.8 months for sentencing events in FY2002-2003. As defined by the word "average", half of the lag times that occur are less than 5.8 months and half are greater than 5.8 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 1, 2003, the Department of Corrections had received over 547,000 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 FY2001-2002 sentencing events is 5.6 months, just shy of the 5.8 months for the scoresheets received with sentence dates in FY2002-2003 (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 9.4 months for sentencing events during FY2001-2002. In FY2002-2003, the average lag time for level 10 offenses was 10.4 months. Also, for murder/manslaughter, the average lag time from offense to sentence is 10.2 months for sentencing dates in both FY2000-2001 and FY2002-2003 (Table 2).
  • Drug offenses comprised the largest group of scoresheets received in both FY2001-2001 (37.0%) and FY2002-2003 (36.2%) (Table 3).
  • The more violent, serious offenses represented more than eighteen percent of the scoresheets in both FY2001-2002 (18.6%) and FY2002-03 (18.1%) (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 2001-2002
Sentence Dates
1
FY 2002-2003
Sentence Dates
2
1 5.2 5.3
2 5.8 6.1
3 4.9 5.1
4 5.3 5.6
5 5.8 6.1
6 6.3 6.4
7 7.0 7.3
8 7.7 8.4
9 8.9 8.7
10 9.4 10.4
Overall Average 5.6 5.8
1Offense dates on or after October 1, 2000.
2Offense dates on or after October 1, 2001.

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

Primary Offense FY 2001-2002
Sentence Dates
1
FY 2002-2003
Sentence Dates
2
Murder/Manslaughter 10.2 10.2
Sexual/Lewd Behavior 8.2 8.7
Robbery 6.6 6.8
Violent, Other 6.1 6.2
Burglary 5.6 6.0
Property Theft/Fraud/Damage 6.0 6.2
Drugs 5.2 5.5
Weapons 5.8 6.2
Other 5.0 5.1
Overall Average 5.6 5.8
1Offense dates on or after October 1, 2000.
2Offense dates on or after October 1, 2001.


Distribution Offense Group

Table 3 Distribution of Offense Sentence Dates FY 2001-2002 vs. Sentence Dates FY 2002-2003

Primary Offense FY 2001-2002
Sentence Dates
1
FY 2002-2003
Sentence Dates
2
Murder/Manslaughter 256 240
0.3% 0.3%
Sexual Offenses 1,024 972
1.3% 1.2%
Robbery 2,213 2,137
2.7% 2.6%
Violent Personal Offenses 11,031 10,909
13.6% 13.3%
Burglary 7,876 8,050
9.7% 9.8%
Theft/Forgery/Fraud 17,516 17,157
21.5% 20.9%
Drugs 30,067 29,652
37.0% 36.2%
Weapons 1,545 1,666
1.9% 2.0%
Other 9,838 11,218
12.1% 13.7%
Total 81,366 82,001
100.0% 100.0%
1 Offense dates on or after October 1, 2000.
2 Offense dates on or after October 1, 2001.

Table 4 Distribution of Offense

Primary Offense FY 2001-2002
Sentence Dates
FY 2002-2003
Sentence Dates
Murder/Manslaughter 256 0.3% 240 0.3%
1st Degree Murder 59 0.1% 49 0.1%
2nd Degree Murder 73 0.1% 79 0.1%
3rd Degree Murder 7 0.0% 5 0.0%
Homicide, Other 7 0.0% 6 0.0%
Manslaughter 59 0.1% 58 0.1%
DUI Manslaughter 51 0.1% 43 0.1%
Sexual Offenses 1,024 1.3% 972 1.2%
Capital Sexual Battery 38 0.0% 39 0.0%
Life Sexual Battery 30 0.0% 30 0.0%
1st Degree Sexual Battery 41 0.1% 57 0.1%
2nd Degree Sexual Battery 139 0.2% 150 0.2%
Sexual Assault, Other 3 0.0% 8 0.0%
Lewd/Lascivious Behavior 773 1.0% 688 0.8%
Robbery 2,213 2.7% 2,137 2.6%
Robbery with Weapon 817 1.0% 740 0.9%
Robbery without Weapon 1,346 1.7% 1,351 1.6%
Home Invasion, Robbery 50 0.1% 46 0.1%
Violent Personal Offenses 11,031 13.6% 10,909 13.3%
Home Invasion, Other 0 0.0% 1 0.0%
Carjacking 99 0.1% 134 0.2%
Aggravated Assault 1,768 2.2% 1,630 2.0%
Aggravated Battery 1,425 1.8% 1,280 1.6%
Assault/Battery on L.E.O. 1,590 2.0% 1,434 1.7%
Assault/Battery, Other 515 0.6% 534 0.7%
Aggravated Stalking 232 0.3% 219 0.3%
Resisting Arrest with Violence 1,952 2.4% 1,777 2.2%
Kidnapping 327 0.4% 341 0.4%
Arson 194 0.2% 151 0.2%
Abuse of Children 985 1.2% 1,124 1.4%
Leaving Accident, Injury/Death 405 0.5% 443 0.5%
DUI, Injury 132 0.2% 118 0.1%
Violent, Other 1,407 1.7% 1,723 2.1%
Burglary 7,876 9.7% 8,050 9.8%
Burglary, Structure 4,762 5.9% 4,786 5.8%
Burglary, Dwelling 2,168 2.7% 2,281 2.8%
Burglary, Armed 188 0.2% 182 0.2%
Burglary with Assault 246 0.3% 234 0.3%
Burglary/Trespass, Other 512 0.6% 567 0.7%
Theft/Forgery/Fraud 17,516 21.5% 17,157 20.9%
Grand Theft, Other 6,679 8.2% 6,139 7.5%
Grand Theft, Automobile 2,613 3.2% 2,544 3.1%
Stolen Property 2,151 2.6% 2,066 2.5%
Forgery/Counterfeiting 2,884 3.5% 3,089 3.8%
Worthless Checks 500 0.6% 505 0.6%
Fraudulent Practices 1,631 2.0% 1,623 2.0%
Theft/Property Damage, Other 1,058 1.3% 1,191 1.5%
Drugs 30,067 37.0% 29,652 36.2%
Drugs, Manufacture/Sale/Purchase 10,002 12.3% 9,659 11.8%
Drugs, Trafficking 797 1.0% 871 1.1%
Drugs, Possession/Other 19,268 23.7% 19,122 23.3%
Weapons 1,545 1.9% 1,666 2.0%
Weapons, Discharging 320 0.4% 318 0.4%
Weapons, Possession 1,218 1.5% 1,342 1.6%
Weapons, Other 7 0.0% 6 0.0%
Other 9,838 12.1% 11,218 13.7%
Escape 1,935 2.4% 2,080 2.5%
DUI, No Injury 407 0.5% 602 0.7%
Traffic, Other 5,804 7.1% 6,689 8.2%
Racketeering 11 0.0% 19 0.0%
Pollution/Hazardous Materials 93 0.1% 57 0.1%
Other 1,588 2.0% 1,771 2.2%
Total 81,366 100.0% 82,001 100.0%
1 Offense dates on or after October 1, 2000.
2 Offense dates on or after October 1, 2001.