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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 75,594 scoresheets submitted to the Department of Corrections with sentence dates in FY2011-2012 and offense dates on or after October 1, 2010. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY2010-2011 and offense dates on or after October 1, 2009 was 75,257.

  • 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 6.3 months for sentencing events in FY2011-2012 (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, 2012, the Department of Corrections had received 2.1 million 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 FY2010-2011 sentencing events is 6.2 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 9.5 months for sentencing events during FY2010-2011. In FY2011-2012, the average lag time for level 10 offenses was 10.2 months. Also, for murder/manslaughter, the average lag time from offense to sentence is 10.5 months for sentencing dates in FY2010-2011 and 10.7 months for FY2011-2012 (Table 2).

  • The more violent, serious offenses represented 16.8% of the scoresheets in FY2010-2011 and 16.9% in FY2011-2012 (Figure 1).

  • Drug offenses comprised the largest group of scoresheets received in both FY2010-2011 (34.9%) and FY2011-2012 (31.9%) (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 FY2010-2011 Sentence Dates1 FY2011-2012 Sentence Dates2
1 5.2 5.4
2 6.3 6.2
3 5.7 5.8
4 6.0 5.9
5 6.6 6.5
6 6.8 6.7
7 7.5 7.7
8 8.5 8.6
9 9.3 9.7
10 9.5 10.2
Overall Average 6.2 6.3
1 Offense dates on or after October 1, 2008.
2 Offense dates on or after October 1, 2009.

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

Primary Offense FY2010-2011 Sentence Dates1 FY2010-2012Sentence Dates2
Murder/Manslaughter 10.5 10.7
Sexual/Lewd Behavior 9.0 9.7
Robbery 7.4 7.6
Violent, Other 6.4 6.5
Burglary 6.4 6.5
Property Theft/Fraud/Damage 6.3 6.3
Drugs 6.1 6.2
Weapons 6.4 6.5
Other 5.5 5.6
Overall Average 6.2 6.3
1 Offense dates on or after October 1, 2008.
2 Offense dates on or after October 1, 2009.

Figure 1 Distribution of Offense Group Sentence Dates in FY2010-2011 vs. FY2011-2012

Distribution of Offense Group, Sentence Dates FY 2010-2011 vs. Sentence Dates FY 2011-2012

Table 3 Distribution of Offense Sentence Dates FY 2010-2011 vs. Sentence Dates FY 2011-2012

Primary Offense FY2010-2011 Sentence Dates1 FY2011-2012 Sentence Dates2
Murder/Manslaughter 225 211
0.3% 0.3%
Sexual Offenses 558 551
0.7% 08%
Robbery 2,167 1,901
2.9% 2.6%
Violent Personal Offenses 9,390 9,268
12.5% 12.8%
Burglary 9,722 9,502
12.9% 13.1%
Theft/Forgery/Fraud 16,238 17,438
21.6% 24.0%
Drugs 26,277 23,127
34.9% 31.9%
Weapons 2,348 2,331
3.1% 3.2%
Other 8,332 8,265
11.1% 11.4%
Total 75,257 72,594
100.0% 100.0%
1 Offense dates on or after October 1, 2009.
2 Offense dates on or after October 1, 2010.

Table 4 Distribution of Offense

Primary Offense FY2010-2011 Sentence Dates1 FY2011-2012 Sentence Dates2
Murder/Manslaughter 225 0.3% 211 0.3%
1st Degree Murder 49 0.1% 39 0.1%
2nd Degree Murder 97 0.1% 101 0.1%
3rd Degree Murder 3 0.0% 4 0.0%
Homicide, Other 4 0.0% 3 0.0%
Manslaughter 41 0.1% 36 0.0%
DUI Manslaughter 31 0.0% 28 0.0%
Sexual Offenses 558 0.7% 551 0.8%
Capital Sexual Battery 16 0.0% 19 0.0%
Life Sexual Battery 22 0.0% 19 0.0%
1st Degree Sexual Battery 27 0.0% 25 0.0%
2nd Degree Sexual Battery 62 0.1% 70 0.1%
Sexual Assault, Other 7 0.0% 0 0.0%
Lewd/Lascivious Behavior 430 0.6% 418 0.6%
Robbery 2,167 2.9% 1,901 2.6%
Robbery with Weapon 766 1.0% 684 0.9%
Robbery without Weapon 1,312 1.7% 1,146 1.6%
Home Invasion, Robbery 89 0.1% 71 0.1%
Violent Personal Offenses 9,375 12.5% 9,247 12.7%
Home Invasion, Other 0 0.0% 2 0.0%
Carjacking 53 0.1% 53 0.1%
Aggravated Assault 1,369 1.8% 1,339 1.8%
Aggravated Battery 1,091 1.4% 988 1.4%
Assault/Battery on L.E.O. 1,107 1.5% 1,055 1.5%
Assault/Battery, Other 929 1.2% 916 1.3%
Aggravated Stalking 167 0.2% 164 0.2%
Resisting Arrest with Violence 1,253 1.7% 1,206 1.7%
Kidnapping 280 0.4% 292 0.4%
Arson 116 0.2% 116 0.2%
Abuse of Children 738 1.0% 864 1.2%
Violent, Other 1,906 2.5% 1,876 2.6%
Leaving Accident, Injury/Death 291 0.4% 313 0.4%
DUI, Injury 75 0.1% 63 0.1%
Burglary 9,722 12.9% 9,502 13.1%
Burglary, Structure 5,157 6.9% 5,010 6.9%
Burglary, Dwelling 3,529 4.7% 3,475 4.8%
Burglary, Armed 256 0.3% 265 0.4%
Burglary with Assault 250 0.3% 211 0.3%
Burglary/Trespass, Other 530 0.7% 541 0.7%
Theft/Forgery/Fraud 16,238 21.6% 17,438 24.0%
Grand Theft, Other 6,115 8.1% 6,541 9.0%
Grand Theft, Automobile 1,238 1.6% 1,251 1.7%
Stolen Property

3,000

4.0%

3,540

4.9%

Forgery/Counterfeiting 2,021 2.7% 1,861 2.6%
Worthless Checks 133 0.2% 142 0.2%
Fraudulent Practices 1,922 2.6% 1,983 2.7%
Theft/Property Damage, Other 1,809 2.4% 2,120 2.9%
Drugs 26,277 34.9% 23,127 31.9%
Drugs, Manufacture/Sale/Purchase 8,172 10.9% 7,416 10.2%
Drugs, Trafficking 1,444 1.9% 1,019 1.4%
Drugs, Possession/Other 16,661 22.1% 14,692 20.2%
Weapons 2,348 3.1% 2,331 3.2%
Weapons, Discharging 179 0.2% 182 0.3%
Weapons, Possession 2,166 2.9% 2,144 3.0%
Weapons, Other 3 0.0% 5 0.0%
Other 8,347 11.1% 8,286 11.4%
Escape 1,815 2.4% 1,699 2.3%
DUI, No Injury 665 0.9% 602 0.8%
Traffic, Other 3,300 4.4% 3,365 4.6%
Racketeering 12 0.0% 16 0.0%
Pollution/Hazardous Materials 31 0.0% 25 0.0%
Criminal Justice System 2,056 2.7% 2,112 2.9%
Other 468 0.6% 467 0.6%
Total 75,257 100.0% 72,594 100.0%
1 Offense dates on or after October 1, 2009.
2 Offense dates on or after October 1, 2010.