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Rick Scott, Governor
Florida Department of Corrections, Secretary Julie L. Jones

Florida Department of Corrections
Julie L. Jones, 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 65,397 scoresheets submitted to the Department of Corrections with sentence dates in FY2013-2014 and offense dates on or after October 1, 2012. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY2012-2013 and offense dates on or after October 1, 2011 was 71,775.

  • 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 6.2 months for sentencing events in FY2013-2014 (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, 2014, the Department of Corrections had received almost 2.3 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 FY2012-2013 sentencing events is 6.4 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 11.0 months for sentencing events during FY2012-2013. In FY2013-2014, the average lag time for level 10 offenses was 10.5 months. Also, for murder/manslaughter, the average lag time from offense to sentence is 11.2 months for sentencing dates in FY2012-2013 and 10.6 months for FY2013-2014 (Table 2).

  • The more violent, serious offenses represented 17.7% of the scoresheets in FY2012-2013 and 17.5% in FY2013-2014 (Figure 1).

  • Property offenses comprised the largest group of scoresheets received in FY2012-2013 (37.9%) and FY2013-2014 (36.8%) (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 FY2012-2013 Sentence Dates FY2013-2014 Sentence Dates
1 5.4 5.3
2 6.2 6.1
3 5.7 5.6
4 6.2 6.1
5 6.9 6.8
6 6.9 6.9
7 7.9 7.7
8 8.8 8.5
9 9.4 9.1
10 11.0 10.5
Overall Average 6.4 6.2
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 FY2012-2013 Sentence Dates1 FY2013-2014 Sentence Dates2
Murder/Manslaughter 11.2 10.6
Sexual/Lewd Behavior 9.4 9.5
Robbery 7.8 7.5
Violent, Other 6.6 6.6
Burglary 6.9 6.6
Property Theft/Fraud/Damage 6.4 6.3
Drugs 6.2 5.9
Weapons 6.5 6.6
Other 5.7 5.6
Overall Average 6.4 6.2
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 FY2012-2013 vs. FY2013-2014

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 2012-2013 vs. Sentence Dates FY 2013-2014

Primary Offense FY2012-2013 Sentence Dates1 FY2013-2014 Sentence Dates2
Murder/Manslaughter 209 194
0.3% 0.3%
Sexual Offenses 740 718
1.0% 1.1%
Robbery 1,871 1,529
2.6% 2.3%
Violent Personal Offenses 9,530 8,778
13.3% 13.4%
Burglary 9,004 7,171
12.5% 11.0%
Theft/Forgery/Fraud 18,401 17,065
25.6% 26.1%
Drugs 21,727 20,525
30.3% 31.4%
Weapons 2,321 2,060
3.2% 3.2%
Other 7,972 7,357
11.1% 11.3%
Total 71,775 65,397
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 FY2012-2013 Sentence Dates1 FY2013-2014 Sentence Dates2
Murder/Manslaughter 209 0.3% 194 0.3%
1st Degree Murder 51 0.1% 61 0.1%
2nd Degree Murder 87 0.1% 68 0.1%
3rd Degree Murder 6 0.0% 3 0.0%
Homicide, Other 3 0.0% 2 0.0%
Manslaughter 26 0.0% 36 0.1%
DUI Manslaughter 36 0.1% 24 0.0%
Sexual Offenses 740 1.0% 718 1.1%
Capital Sexual Battery 24 0.0% 25 0.0%
Life Sexual Battery 25 0.0% 22 0.0%
1st Degree Sexual Battery 36 0.1% 35 0.1%
2nd Degree Sexual Battery 92 0.1% 72 0.1%
Sexual Assault, Other 5 0.0% 9 0.0%
Lewd/Lascivious Behavior 558 0.8% 555 0.8%
Robbery 1,871 2.6% 1,529 2.3%
Robbery with Weapon 662 0.9% 529 0.8%
Robbery without Weapon 1,142 1.6% 954 1.5%
Home Invasion, Robbery 67 0.1% 46 0.1%
Violent Personal Offenses 9,530 13.3% 8,778 13.4%
Home Invasion, Other 1 0.0% 1 0.0%
Carjacking 53 0.1% 58 0.1%
Aggravated Assault 1,315 1.8% 1,222 1.9%
Aggravated Battery 927 1.3% 826 1.3%
Assault/Battery on L.E.O. 1,124 1.6% 1,004 1.5%
Assault/Battery, Other 964 1.3% 963 1.5%
Aggravated Stalking 155 0.2% 152 0.2%
Resisting Arrest with Violence 1,227 1.7% 1,086 1.7%
Kidnapping 317 0.4% 257 0.4%
Arson 107 0.1% 115 0.2%
Abuse of Children 918 1.3% 949 1.5%
Violent, Other 2,035 2.8% 1,791 2.7%
Leaving Accident, Injury/Death 297 0.4% 286 0.4%
DUI, Injury 81 0.1% 46 0.1%
Traffic, Other 9 0.0% 22 0.0%
Burglary 9,004 12.5% 7,171 11.0%
Burglary, Structure 4,563 6.4% 3,699 5.7%
Burglary, Dwelling 3,332 4.6% 2,567 3.9%
Burglary, Armed 370 0.5% 249 0.4%
Burglary with Assault 203 0.3% 203 0.3%
Burglary/Trespass, Other 536 0.7% 453 0.7%
Theft/Forgery/Fraud 18,401 25.6% 17,065 26.1%
Grand Theft, Other 7,160 10.0% 6,658 10.2%
Grand Theft, Automobile 1,201 1.7% 1,104 1.7%
Stolen Property 3,479 4.8% 3,065 4.7%
Forgery/Counterfeiting 1,941 2.7% 1,766 2.7%
Worthless Checks 123 0.2% 109 0.2%
Fraudulent Practices 2,111 2.9% 1,935 3.0%
Theft/Property Damage, Other 2,386 3.3% 2,428 3.7%
Drugs 21,727 30.3% 20,525 31.4%
Drugs, Manufacture/Sale/Purchase 7,126 9.9% 5,904 9.0%
Drugs, Trafficking 940 1.3% 791 1.2%
Drugs, Possession/Other 13,661 19.0% 13,830 21.1%
Weapons 2,321 3.2% 2,060 3.1%
Weapons, Discharging 219 0.3% 157 0.2%
Weapons, Possession 2,096 2.9% 1,896 2.9%
Weapons, Other 6 0.0% 7 0.0%
Other 7,972 13.5% 7,357 13.6%
Escape 1,631 2.3% 1,449 2.2%
DUI, No Injury 559 0.8% 450 0.7%
Traffic, Other 3,286 4.6% 3,031 4.6%
Racketeering 6 0.0% 14 0.0%
Pollution/Hazardous Materials 20 0.0% 12 0.0%
Criminal Justice System 2,084 2.9% 1,968 3.0%
Other 386 0.5% 433 0.7%
Total 71,775 100.0% 65,397 100.0%
1 Offense dates on or after October 1, 2010.
2 Offense dates on or after October 1, 2011.


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