|Florida's Criminal Punishment Code:|
A Comparative Assessment (FY 2012-2013)
NOTES: This section examines the sentencing parameters point values, as follows:
This means that only those offenders scoring 44 or fewer points may receive a non-state prison sanction under the Code. All others must receive a state prison sanction, absent downward departure from this structure.
Florida Statute 921.0026 allows for circumstances or factors that reasonably justify the downward departure of Guidelines/Code scoresheet.
In addition, on January 24, 2002 the Supreme Court of Florida ruled in Jones v. State that Section 948.01(3) F.S. (supp. 1998), which allows for the sanction of drug offender probation in the case of a chronic substance abuser, provides an alternative sentencing scheme for drug offenders that is outside the Code. It was ruled that the Trial Court had the discretion to sentence the defendant to drug offender probation even though the Code mandated prison time.
Actual sanctions imposed, including state prison, community control, probation, county jail/time served, and other sanctions are presented and compared to the categories listed above.
Within the Criminal Punishment Code policy, a true mitigation occurs when an offender scores more than 44 total points and either receives a non-state prison sanction (except drug offender probation) or a state prison sentence length below the 25% permissible discretion. Sanction mitigation occurs when an offender scores more than 44 total points, but receives a non-state prison sanction (except drug offender probation).
Departure, as defined here, is not a comment on the legality of the sentence. There are many reasons for departure, which are recognized as legitimate under F. S. 921.0026. In addition, other Statutes, such as F. S. 948.034, establish special conditions allowing for departures from recommended sentences. Database limitations do not allow us to isolate all these reasons for departure.
|Sanction Imposed||Recommended Sanction Category|
|FY 2011-2012 Sentence Dates1||FY 2012-2013 Sentence Dates2|
|1 Offense dates on or after October 1, 2010.
2 Offense dates on or after October 1, 2011.
|*Total points greater than 44.|