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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 85,659 scoresheets submitted to the Department of Corrections with sentence dates in FY2004-2005 and offense dates on or after October 1, 2003. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY2003-2004 and offense dates on or after October 1, 2002 was 88,391.
  • 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 FY2004-2005 (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, 2005, the Department of Corrections had received 793,869 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 FY2003-2004 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 9.1 months for sentencing events during FY2003-2004. In FY2004-2005, the average lag time for level 10 offenses was 10.3 months. Also, for murder/manslaughter, the average lag time from offense to sentence is 10.2 months for sentencing dates in FY2003-2004 and 10.7 months for FY2004-2005 (Table 2).
  • Drug offenses comprised the largest group of scoresheets received in both FY2003-2004 (37.5%) and FY2004-2005 (39.3%) (Table 3).
  • The more violent, serious offenses represented more than sixteen percent of the scoresheets in FY2003-2004 (16.6%) and over fifteen percent (15.5%) in FY2004-2005. (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
FY2003-2004
Sentence Date1
FY2004-2005
Sentence Dates2
1
5.3 5.3
2
6.0 6.1
3
5.1 5.0
4
5.6 5.7
5
6.0 6.0
6
6.6 6.7
7
7.3 7.6
8
8.4 8.6
9
9.1 9.4
10
9.1 10.3
Overall Average 5.8 5.8
1Offense dates on or after October 1, 2002.
2Offense dates on or after October 1, 2003.

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

Primary Offense FY 2003-2004
Sentence Dates
1
FY 2004-2005
Sentence Dates
2
Murder/Manslaughter 10.2 10.7
Sexual/Lewd Behavior 8.9 9.4
Robbery 7.1 7.5
Violent, Other 6.4 6.6
Burglary 6.1 6.3
Property Theft/Fraud/Damage 6.2 6.3
Drugs 5.3 5.2
Weapons 6.0 6.1
Other 5.1 5.2
Overall Average 5.8 5.8
1Offense dates on or after October 1, 2002.
2Offense dates on or after October 1, 2003.



Distribution of Offense Group, Sentence Dates FY 2003-2004 vs. Sentence Dates FY 2004-2005

Table 3 Distribution of Offense Sentence Dates FY 2003-2004 vs. Sentence Dates FY 2004-2005

Primary Offense FY 2003-2004
Sentence Dates
1
FY 2004-2005
Sentence Dates
2
Murder/Manslaughter 225 201
0.3% 0.2%
Sexual Offenses 810 707
0.9% 0.8%
Robbery 2,025 1,714
2.3% 2.0%
Violent Personal Offenses 11,053 10,169
12.5% 11.9%
Burglary 8,196 7,531
9.3% 8.8%
Theft/Forgery/Fraud 17,759 15,923
20.1% 18.6%
Drugs 33,143 33,701
37.5% 39.3%
Weapons 1,768 1,690
2.0% 2.0%
Other 13,412 14,023
15.2% 16.4%
Total 88,391 85,659
100.0% 100.0%
1 Offense dates on or after October 1, 2002.
2 Offense dates on or after October 1, 2003.

Table 4 Distribution of Offense

Primary Offense FY 2003-2004
Sentence Dates1
FY 2004-2005
Sentence Dates2
Murder/Manslaughter 225 0.3% 201 0.2%
1st Degree Murder 46 0.1% 40 0.0%
2nd Degree Murder 72 0.1% 68 0.1%
3rd Degree Murder 7 0.0% 1 0.0%
Homicide, Other 2 0.0% 3 0.0%
Manslaughter 52 0.1% 51 0.1%
DUI Manslaughter 46 0.1% 38 0.0%
Sexual Offenses 810 0.9% 707 0.8%
Capital Sexual Battery 20 0.0% 21 0.0%
Life Sexual Battery 28 0.0% 33 0.0%
1st Degree Sexual Battery 38 0.0% 35 0.0%
2nd Degree Sexual Battery 128 0.1% 102 0.1%
Sexual Assault, Other 8 0.0% 4 0.0%
Lewd/Lascivious Behavior 588 0.7% 512 0.6%
Robbery 2,025 2.3% 1,714 2.0%
Robbery with Weapon 712 0.8% 548 0.6%
Robbery without Weapon 1,275 1.4% 1,117 1.3%
Home Invasion, Robbery 38 0.0% 49 0.1%
Violent Personal Offenses 11,053 12.5% 10,169 11.9%
Home Invasion, Other 1 0.0% 0 0.0%
Carjacking 104 0.1% 82 0.1%
Aggravated Assault 1,607 1.8% 1,510 1.8%
Aggravated Battery 1,224 1.4% 1,155 1.3%
Assault/Battery on L.E.O. 1,440 1.6% 1,247 1.5%
Assault/Battery, Other 525 0.6% 515 0.6%
Aggravated Stalking 262 0.3% 250 0.3%
Resisting Arrest with Violence 1,874 2.1% 1,627 1.9%
Kidnapping 347 0.4% 336 0.4%
Arson 143 0.2% 159 0.2%
Abuse of Children 1,134 1.3% 995 1.2%
Leaving Accident, Injury/Death 417 0.5% 474 0.6%
DUI, Injury 104 0.1% 83 0.1%
Violent, Other 1,871 2.1% 1,736 2.0%
Burglary 8,196 9.3% 7,531 8.8%
Burglary, Structure 4,806 5.4% 4,485 5.2%
Burglary, Dwelling 2,354 2.7% 2,130 2.5%
Burglary, Armed 208 0.2% 167 0.2%
Burglary with Assault 238 0.3% 235 0.3%
Burglary/Trespass, Other 590 0.7% 514 0.6%
Theft/Forgery/Fraud 17,759 20.1% 15,923 18.6%
Grand Theft, Other 6,152 7.0% 5,851 6.8%
Grand Theft, Automobile 2,505 2.8% 2,347 2.7%
Stolen Property 2,098 2.4% 1,878 2.2%
Forgery/Counterfeiting 3,292 3.7% 2,753 3.2%
Worthless Checks 638 0.7% 473 0.6%
Fraudulent Practices 1,764 2.0% 1,601 1.9%
Theft/Property Damage, Other 1,310 1.5% 1,020 1.2%
Drugs 33,143 37.5% 33,701 39.3%
Drugs, Manufacture/Sale/Purchase 10,412 11.8% 10,495 12.3%
Drugs, Trafficking 894 1.0% 775 0.9%
Drugs, Possession/Other 21,837 24.7% 22,431 26.2%
Weapons 1,768 2.0% 1,690 2.0%
Weapons, Discharging 266 0.3% 271 0.3%
Weapons, Possession 1,497 1.7% 1,416 1.7%
Weapons, Other 5 0.0% 3 0.0%
Other 13,412 15.2% 14,023 16.4%
Escape 2,140 2.4% 2,417 2.8%
DUI, No Injury 887 1.0% 905 1.1%
Traffic, Other 8,092 9.2% 8,269 9.7%
Racketeering 12 0.0% 15 0.0%
Pollution/Hazardous Materials 61 0.1% 90 0.1%
Other 2,220 2.5% 2,327 2.7%
Total 88,391 100.0% 85,659 100.0%
1 Offense dates on or after October 1, 2002.
2 Offense dates on or after October 1, 2003.