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

Florida Department of Corrections
Michael D. Crews, 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 88,211 scoresheets submitted to the Department of Corrections with sentence dates in FY2003-2004 and offense dates on or after October 1, 2002. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY2002-2003 and offense dates on or after October 1, 2001 was 86,525.
  • 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 FY2003-2004 (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, 2004, the Department of Corrections had received 673,966 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 FY2002-2003 sentencing events is 5.8 months. 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 10.4 months for sentencing events during FY2002-2003. In FY2003-2004, the average lag time for level 10 offenses was 9.1 months. Also, for murder/manslaughter, the average lag time from offense to sentence is 10.6 months for sentencing dates in FY2002-2003 and 10.2 months for FY2003-2004 (Table 2).
  • Drug offenses comprised the largest group of scoresheets received in both FY2002-2003 (36.3%) and FY2003-2004 (37.5%) (Table 3).
  • The more violent, serious offenses represented more than eighteen percent of the scoresheets in FY2002-2003 (18.3%) and over sixteen percent (16.6%) in FY2003-2004. (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
FY2002-2003
Sentence Date1
FY2003-2004
Sentence Dates2
1
5.3
5.3
2
6.1
6.0
3
5.1
5.1
4
5.6
5.6
5
6.1
6.0
6
6.4
6.6
7
7.3
7.3
8
8.4
8.4
9
8.7
9.1
10
10.4
9.1
Overall Average
5.8
5.8
1Offense dates on or after October 1, 2001.
2Offense dates on or after October 1, 2002.

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

Primary Offense FY 2002-2003
Sentence Dates
1
FY 2003-2004
Sentence Dates
2
Murder/Manslaughter
10.6
10.2
Sexual/Lewd Behavior
8.7
8.9
Robbery
6.9
7.1
Violent, Other
6.2
6.3
Burglary
6.0
6.1
Property Theft/Fraud/Damage
6.2
6.2
Drugs
5.3
5.3
Weapons
6.2
6.0
Other
5.0
5.1
Overall Average
5.8
5.8
1Offense dates on or after October 1, 2001.
2Offense dates on or after October 1, 2002.



Distribution of Offense Group, Sentence Dates FY 2002-2003 vs. Sentence Dates FY 2003-2004

Table 3 Distribution of Offense Sentence Dates FY 2002-2003 vs. Sentence Dates FY 2003-2004

Primary Offense FY 2002-2003
Sentence Dates
1
FY 2003-2004
Sentence Dates
2
Murder/Manslaughter 270 222
0.3% 0.3%
Sexual Offenses 1,003 806
1.2% 0.9%
Robbery 2,316 2,013
2.7% 2.3%
Violent Personal Offenses 11,560 11,031
13.4% 12.5%
Burglary 8,579 8,170
9.9% 9.3%
Theft/Forgery/Fraud 17,940 17,710
20.7% 20.1%
Drugs 31,429 33,089
36.3% 37.5%
Weapons 1,764 1,767
2.0% 2.0%
Other 11,664 13,403
13.5% 15.2%
Total 86,525 88,211
100.0% 100.0%
1 Offense dates on or after October 1, 2001.
2 Offense dates on or after October 1, 2002.

Table 4 Distribution of Offense

Primary Offense FY 2002-2003
Sentence Dates1
FY 2003-2004
Sentence Dates2
Murder/Manslaughter 270 0.3% 222 0.3%
1st Degree Murder 63 0.1% 45 0.1%
2nd Degree Murder 89 0.1% 71 0.1%
3rd Degree Murder 5 0.0% 7 0.0%
Homicide, Other 6 0.0% 2 0.0%
Manslaughter 63 0.1% 52 0.1%
DUI Manslaughter 44 0.1% 45 0.1%
Sexual Offenses 1,003 1.2% 806 0.9%
Capital Sexual Battery 44 0.1% 20 0.0%
Life Sexual Battery 30 0.0% 28 0.0%
1st Degree Sexual Battery 58 0.1% 38 0.0%
2nd Degree Sexual Battery 154 0.2% 127 0.1%
Sexual Assault, Other 8 0.0% 8 0.0%
Lewd/Lascivious Behavior 709 0.8% 585 0.7%
Robbery 2,316 2.7% 2,013 2.3%
Robbery with Weapon 813 0.9% 706 0.8%
Robbery without Weapon 1,456 1.7% 1,269 1.4%
Home Invasion, Robbery 47 0.1% 38 0.0%
Violent Personal Offenses 11,560 13.4% 11,031 12.5%
Home Invasion, Other 1 0.0% 1 0.0%
Carjacking 142 0.2% 103 0.1%
Aggravated Assault 1,725 2.0% 1,603 1.8%
Aggravated Battery 1,404 1.6% 1,222 1.4%
Assault/Battery on L.E.O. 1,540 1.8% 1,442 1.6%
Assault/Battery, Other 559 0.6% 520 0.6%
Aggravated Stalking 242 0.3% 259 0.3%
Resisting Arrest with Violence 1,895 2.2% 1,868 2.1%
Kidnapping 360 0.4% 347 0.4%
Arson 162 0.2% 142 0.2%
Abuse of Children 1,173 1.4% 1,132 1.3%
Leaving Accident, Injury/Death 462 0.5% 417 0.5%
DUI, Injury 125 0.1% 104 0.1%
Violent, Other 1,770 2.0% 1,871 2.1%
Burglary 8,579 9.9% 8,170 9.3%
Burglary, Structure 5,004 5.8% 4,797 5.4%
Burglary, Dwelling 2,488 2.9% 2,341 2.7%
Burglary, Armed 204 0.2% 205 0.2%
Burglary with Assault 293 0.3% 238 0.3%
Burglary/Trespass, Other 590 0.7% 589 0.7%
Theft/Forgery/Fraud 17,940 20.7% 17,710 20.1%
Grand Theft, Other 6,532 7.5% 6,146 7.0%
Grand Theft, Automobile 2,727 3.2% 2,502 2.8%
Stolen Property 2,088 2.4% 2,096 2.4%
Forgery/Counterfeiting 3,147 3.6% 3,266 3.7%
Worthless Checks 520 0.6% 636 0.7%
Fraudulent Practices 1,705 2.0% 1,759 2.0%
Theft/Property Damage, Other 1,221 1.4% 1,305 1.5%
Drugs 31,429 36.3% 33,089 37.5%
Drugs, Manufacture/Sale/Purchase 10,262 11.9% 10,390 11.8%
Drugs, Trafficking 930 1.1% 889 1.0%
Drugs, Possession/Other 20,237 23.4% 21,810 24.7%
Weapons 1,764 2.0% 1,767 2.0%
Weapons, Discharging 335 0.4% 267 0.3%
Weapons, Possession 1,423 1.6% 1,495 1.7%
Weapons, Other 6 0.0% 5 0.0%
Other 11,664 13.5% 13,403 15.2%
Escape 2,146 2.5% 2,120 2.4%
DUI, No Injury 605 0.7% 883 1.0%
Traffic, Other 6,960 8.0% 8,066 9.1%
Racketeering 20 0.0% 12 0.0%
Pollution/Hazardous Materials 71 0.1% 60 0.1%
Other 1,862 2.2% 2,262 2.6%
Total 86,525 100.0% 88,211 100.0%
1 Offense dates on or after October 1, 2001.
2 Offense dates on or after October 1, 2002.