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

Florida Department of Corrections
Timothy H. Cannon, Interim 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 72,003 scoresheets submitted to the Department of Corrections with sentence dates in FY2012-2013 and offense dates on or after October 1, 2011. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY2011-2012 and offense dates on or after October 1, 2010 was 74,429.

  • 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 6.4 months for sentencing events in FY2012-2013 (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, 2013, the Department of Corrections had received 2.2 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 FY2011-2012 sentencing events is 6.3 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 10.2 months for sentencing events during FY2011-2012. In FY2012-2013, the average lag time for level 10 offenses was 11.0 months. Also, for murder/manslaughter, the average lag time from offense to sentence is 10.7 months for sentencing dates in FY2011-2012 and 11.2 months for FY2012-2013 (Table 2).

  • The more violent, serious offenses represented 16.9% of the scoresheets in FY2011-2012 and 17.6% in FY2012-2013 (Figure 1).

  • Drug offenses comprised the largest group of scoresheets received in both FY2011-2012 (36.7%) and FY2012-2013 (37.9%) (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 FY2011-2012 Sentence Dates1 FY2012-2013 Sentence Dates2
1 5.4 5.4
2 6.2 6.2
3 5.8 5.7
4 5.9 6.2
5 6.7 6.9
6 6.7 6.9
7 7.7 7.9
8 8.5 8.8
9 9.7 9.5
10 10.2 11.0
Overall Average 6.3 6.4
1 Offense dates on or after October 1, 2010.
2 Offense dates on or after October 1, 2011.

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

Primary Offense FY2011-2012 Sentence Dates1 FY2012-2013 Sentence Dates2
Murder/Manslaughter 10.7 11.2
Sexual/Lewd Behavior 9.7 9.4
Robbery 7.6 7.8
Violent, Other 6.5 6.6
Burglary 6.5 6.9
Property Theft/Fraud/Damage 6.3 6.4
Drugs 6.2 6.2
Weapons 6.5 6.5
Other 5.6 5.7
Overall Average 6.3 6.4
1 Offense dates on or after October 1, 2010.
2 Offense dates on or after October 1, 2011.

Figure 1 Distribution of Offense Group Sentence Dates in FY2011-2012 vs. FY2012-2013

Violent - 2011-2012: 16.9% 2012-2013: 17.6; Property - 2011-2012: 36.7% 2012-2013: 37.9; Drugs - 2011-2012: 31.9% 2012-2013: 30.4; Other - 2011-2012: 14.5% 2012-2013: 14.1;

Table 3 Distribution of Offense Sentence Dates FY 2011-2012 vs. Sentence Dates FY 2012-2013

Primary Offense FY2011-2012 Sentence Dates1 FY2012-2013 Sentence Dates2
Murder/Manslaughter 217 206
0.3% 0.3%
Sexual Offenses 586 730
0.8% 1.0%
Robbery 1,949 1,867
2.6% 2.6%
Violent Personal Offenses 9,507 9,507
12.8% 13.2%
Burglary 9,737 9,010
13.1% 12.5%
Theft/Forgery/Fraud 17,805 18,466
23.9% 25.6%
Drugs 23,773 21,900
31.9% 30.4%
Weapons 2,381 2,323
3.2% 3.2%
Other 8,474 7,994
11.4% 11.1%
Total 74,429 72,003
100.0% 100.0%
1 Offense dates on or after October 1, 2010.
2 Offense dates on or after October 1, 2011.

Table 4 Distribution of Offense

Primary Offense FY2011-2012 Sentence Dates1 FY2012-2013 Sentence Dates2
Murder/Manslaughter 217 0.3% 206 0.3%
1st Degree Murder 40 0.1% 50 0.1%
2nd Degree Murder 102 0.1% 87 0.1%
3rd Degree Murder 5 0.0% 6 0.0%
Homicide, Other 3 0.0% 3 0.0%
Manslaughter 38 0.1% 26 0.0%
DUI Manslaughter 29 0.0% 34 0.0%
Sexual Offenses 586 0.8% 730 1.0%
Capital Sexual Battery 21 0.0% 24 0.0%
Life Sexual Battery 19 0.0% 25 0.0%
1st Degree Sexual Battery 26 0.0% 34 0.0%
2nd Degree Sexual Battery 74 0.1% 91 0.1%
Sexual Assault, Other 1 0.0% 4 0.0%
Lewd/Lascivious Behavior 445 0.6% 552 0.8%
Robbery 1,949 2.6% 1,867 2.6%
Robbery with Weapon 700 0.9% 658 0.9%
Robbery without Weapon 1,172 1.6% 1,144 1.6%
Home Invasion, Robbery 77 0.1% 65 0.1%
Violent Personal Offenses 9,507 12.7% 9,507 13.2%
Home Invasion, Other 2 0.0% 1 0.0%
Carjacking 55 0.1% 53 0.1%
Aggravated Assault 1,371 1.8% 1,305 1.8%
Aggravated Battery 1,019 1.4% 926 1.3%
Assault/Battery on L.E.O. 1,079 1.4% 1,124 1.6%
Assault/Battery, Other 941 1.3% 966 1.3%
Aggravated Stalking 168 0.2% 154 0.2%
Resisting Arrest with Violence 1,237 1.7% 1,236 1.7%
Kidnapping 304 0.4% 315 0.4%
Arson 120 0.2% 108 0.1%
Abuse of Children 884 1.2% 897 1.2%
Violent, Other 1,925 2.6% 2,040 2.8%
Leaving Accident, Injury/Death 314 0.4% 294 0.4%
DUI, Injury 22 0.0% 8 0.0%
Burglary 9,737 13.1% 9,010 12.5%
Burglary, Structure 5,144 6.9% 4,583 6.4%
Burglary, Dwelling 3,544 4.8% 3,319 4.6%
Burglary, Armed 270 0.4% 368 0.5%
Burglary with Assault 215 0.3% 203 0.3%
Burglary/Trespass, Other 564 0.8% 537 0.7%
Theft/Forgery/Fraud 17,805 23.9% 18,466 25.6%
Grand Theft, Other 6,712 9.0% 7,179 10.0%
Grand Theft, Automobile 1,282 1.7% 1,204 1.7%
Stolen Property

3,615

4.9%

3,484

4.8%

Forgery/Counterfeiting 1,888 2.5% 1,948 2.7%
Worthless Checks 146 0.2% 122 0.2%
Fraudulent Practices 2,013 2.7% 2,110 2.9%
Theft/Property Damage, Other 2,149 2.9% 2,419 3.4%
Drugs 23,773 31.9% 21,900 30.4%
Drugs, Manufacture/Sale/Purchase 7,687 10.3% 7,164 9.9%
Drugs, Trafficking 1,060 1.4% 934 1.3%
Drugs, Possession/Other 15,026 20.2% 13,802 19.2%
Weapons 2,381 3.2% 2,323 3.2%
Weapons, Discharging 185 0.2% 219 0.3%
Weapons, Possession 2,191 2.9% 2,098 2.9%
Weapons, Other 5 0.0% 6 0.0%
Other 8,474 11.4% 7,994 11.1%
Escape 1,747 2.3% 1,631 2.3%
DUI, No Injury 624 0.8% 554 0.8%
Traffic, Other 3,426 4.6% 3,307 4.6%
Racketeering 16 0.0% 6 0.0%
Pollution/Hazardous Materials 26 0.0% 21 0.0%
Criminal Justice System 2,159 2.9% 2,081 2.9%
Other 476 0.6% 394 0.5%
Total 74,429 100.0% 72,003 100.0%
1 Offense dates on or after October 1, 2010.
2 Offense dates on or after October 1, 2011.