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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 100,737 scoresheets submitted to the Department of Corrections with sentence dates in FY2006-2007 and offense dates on or after October 1, 2005. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY2005-2006 and offense dates on or after October 1, 2004 was 94,347.

  • 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 FY2006-2007 (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, 2006, the Department of Corrections had received 1,043,701 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 FY2005-2006 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 10.3 months for sentencing events during FY2005-2006. In FY2006-2007, the average lag time for level 10 offenses was 9.8 months. Also, for murder/manslaughter, the average lag time from offense to sentence is 10.6 months for sentencing dates in FY2005-2006 and 10.5 months for FY2006-2007 (Table 2).

  • Drug offenses comprised the largest group of scoresheets received in both FY2005-2006 (39.5%) and FY2006-2007 (39.4%) (Table 3).

  • The more violent, serious offenses represented 14.9% of the scoresheets in FY2005-2006 and 14.3% in FY2006-2007 (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 FY2005-2006 Sentence Dates1 FY2006-2007 Sentence Dates2
1 5.4 5.2
2 6.2 6.1
3 5.1 5.1
4 5.8 5.7
5 6.1 6.2
6 6.9 6.8
7 7.4 7.5
8 8.7 8.9
9 9.4 9.3
10 10.3 9.8
Overall Average 5.8 5.8
1 Offense dates on or after October 1, 2004.
2 Offense dates on or after October 1, 2005.

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

Primary Offense FY2005-2006 Sentence Dates1 FY2006-2007 Sentence Dates2
Murder/Manslaughter 10.6 10.5
Sexual/Lewd Behavior 9.8 9.6
Robbery 7.1 7.3
Violent, Other 6.6 6.6
Burglary 6.3 6.1
Property Theft/Fraud/Damage 6.4 6.3
Drugs 5.3 5.3
Weapons 6.0 6.1
Other 5.4 5.3
Overall Average 5.8 5.8
1 Offense dates on or after October 1, 2004.
2 Offense dates on or after October 1, 2005.

Figure 1 Distribution of Offense Group Sentence Dates in FY2005-2006 vs. FY2006-2007

Distribution of Offense Group, Sentence Dates FY 2005-2006 vs. Sentence Dates FY 2006-2007

Table 3 Distribution of Offense Sentence Dates FY 2005-2006 vs. Sentence Dates FY 2006-2007

Primary Offense FY2005-2006 Sentence Dates1 FY2006-2007 Sentence Dates2
Murder/Manslaughter 222 272
0.2% 0.3%
Sexual Offenses 670 634
0.7% 0.6%
Robbery 1,775 2,004
1.9% 2.0%
Violent Personal Offenses 10,891 10,955
11.5% 10.9%
Burglary 7,754 8,507
8.2% 8.4%
Theft/Forgery/Fraud 17,738 18,469
18.8% 18.3%
Drugs 37,288 39,677
39.5% 39.4%
Weapons 1,957 2,545
2.1% 2.5%
Other 16,052 17,674
17.0% 17.5%
Total 94,347 100,737
100.0% 100.0%
1 Offense dates on or after October 1, 2004.
2 Offense dates on or after October 1, 2005.

Table 4 Distribution of Offense

Primary Offense FY2005-2006 Sentence Dates1 FY2006-2007 Sentence Dates2
Murder/Manslaughter 222 0.2% 272 0.3%
1st Degree Murder 44 0.0% 69 0.1%
2nd Degree Murder 93 0.1% 114 0.1%
3rd Degree Murder 2 0.0% 1 0.0%
Homicide, Other 4 0.0% 2 0.0%
Manslaughter 40 0.0% 38 0.0%
DUI Manslaughter 39 0.0% 48 0.0%
Sexual Offenses 670 0.7% 634 0.6%
Capital Sexual Battery 34 0.0% 29 0.0%
Life Sexual Battery 18 0.0% 20 0.0%
1st Degree Sexual Battery 36 0.0% 39 0.0%
2nd Degree Sexual Battery 106 0.1% 108 0.1%
Sexual Assault, Other 8 0.0% 7 0.0%
Lewd/Lascivious Behavior 468 0.5% 431 0.4%
Robbery 1,775 1.9% 2,004 2.0%
Robbery with Weapon 546 0.6% 682 0.7%
Robbery without Weapon 1,159 1.2% 1,245 1.2%
Home Invasion, Robbery 70 0.1% 77 0.1%
Violent Personal Offenses 10,891 11.5% 10,955 10.9%
Home Invasion, Other 1 0.0% 1 0.0%
Carjacking 93 0.1% 128 0.1%
Aggravated Assault 1,692 1.8% 1,689 1.7%
Aggravated Battery 1,230 1.3% 1,181 1.2%
Assault/Battery on L.E.O. 1,343 1.4% 1,368 1.4%
Assault/Battery, Other 555 0.6% 623 0.6%
Aggravated Stalking 238 0.3% 200 0.2%
Resisting Arrest with Violence 1,718 1.8% 1,734 1.7%
Kidnapping 370 0.4% 364 0.4%
Arson 168 0.2% 166 0.2%
Abuse of Children 1,043 1.1% 1,057 1.0%
Leaving Accident, Injury/Death 400 0.4% 446 0.4%
DUI, Injury 73 0.1% 95 0.1%
Violent, Other 1,967 2.1% 1,903 1.9%
Burglary 7,754 8.2% 8,507 8.4%
Burglary, Structure 4,622 4.9% 5,149 5.1%
Burglary, Dwelling 2,183 2.3% 2,288 2.3%
Burglary, Armed 171 0.2% 186 0.2%
Burglary with Assault 223 0.2% 181 0.2%
Burglary/Trespass, Other 555 0.6% 703 0.7%
Theft/Forgery/Fraud 17,739 18.8% 18,470 18.3%
Grand Theft, Other 6,579 7.0% 7,266 7.2%
Grand Theft, Automobile 2,509 2.7% 2,481 2.5%
Stolen Property 2,083 2.2% 2,133 2.1%
Forgery/Counterfeiting 3,029 3.2% 2,983 3.0%
Worthless Checks 437 0.5% 387 0.4%
Fraudulent Practices 1,964 2.1% 1,902 1.9%
Theft/Property Damage, Other 1,138 1.2% 1,318 1.3%
Drugs 37,288 39.5% 39,677 39.4%
Drugs, Manufacture/Sale/Purchase 10,721 11.4% 11,064 11.0%
Drugs, Trafficking 848 0.9% 914 0.9%
Drugs, Possession/Other 25,719 27.3% 27,699 27.5%
Weapons 1,957 2.1% 2,545 2.5%
Weapons, Discharging 237 0.3% 308 0.3%
Weapons, Possession 1,716 1.8% 2,235 2.2%
Weapons, Other 4 0.0% 2 0.0%
Other 16,051 17.0% 17,673 17.5%
Escape 2,987 3.2% 2,947 2.9%
DUI, No Injury 1,070 1.1% 1,015 1.0%
Traffic, Other 9,107 9.7% 10,396 10.3%
Racketeering 12 0.0% 26 0.0%
Pollution/Hazardous Materials 115 0.1% 117 0.1%
Criminal Justice System 2,365 2.5% 2,711 2.7%
Other 395 0.4% 461 0.5%
Total 94,347 100.0% 100,737 100.0%
1 Offense dates on or after October 1, 2004.
2 Offense dates on or after October 1, 2005.