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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 69,681 scoresheets submitted to the Department of Corrections with sentence dates in FY2014-2015 and offense dates on or after October 1, 2013. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY2013-2014 and offense dates on or after October 1, 2012 was 67,669.

  • 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 FY2014-2015 (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, 2015, the Department of Corrections had received almost 2.4 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 FY2013-2014 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 10.6 months for sentencing events during FY2013-2014. In FY2014-2015, the average lag time for level 10 offenses was 10.0 months. Also, for murder/manslaughter, the average lag time from offense to sentence is 10.5 months for sentencing dates in FY2013-2014 and 10.6 months for FY2014-2015 (Table 2).

  • The more violent, serious offenses represented 17.4% of the scoresheets in FY2014-2015 and 17.5% in FY2014-2015 (Figure 1).

  • Property offenses comprised the largest group of scoresheets received in FY2013-2014 (36.8%) and FY2014-2015 (36.3%) (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 FY 2013-2014
Sentence Dates1
FY 2014-2015
Sentence Dates2
1 5.3 5.4
2 6.1 6.2
3 5.6 5.8
4 6.1 6.2
5 6.7 6.8
6 6.9 6.8
7 7.6 7.8
8 8.5 8.8
9 9.0 9.5
10 10.6 10.0
Overall Average 6.2 6.3
1 Offense dates on or after October 1, 2012.
2 Offense dates on or after October 1, 2013.

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

Primary Offense FY 2013-2014
Sentence Dates1
FY 2014-2015
Sentence Dates2
Murder/Manslaughter 10.5 10.6
Sexual/Lewd Behavior 9.4 9.6
Robbery 7.4 7.8
Violent, Other 6.5 6.5
Burglary 6.5 6.7
Property Theft/Fraud/Damage 6.2 6.3
Drugs 5.9 6.2
Weapons 6.5 6.5
Other 5.6 5.8
Overall Average 6.2 6.3
1 Offense dates on or after October 1, 2012.
2 Offense dates on or after October 1, 2013.

Figure 1 Distribution of Offense Group Sentence Dates in FY2012-2013 vs. FY2013-2014

Violent - FY13-14: 17.4% FY14-15: 17.5; Property - FY13-14: 36.8% FY14-15: 36.3; Drugs - FY13-14: 31.4% FY14-15: 31.4; Other - FY13-14: 14.4% FY14-15: 14.8;

Table 3 Distribution of Offense Sentence Dates FY 2013-2014 vs. Sentence Dates FY 2014-2015

Primary Offense FY 2013-2014
Sentence Dates1
FY 2014-2015
Sentence Dates2
Murder/Manslaughter 196 182
0.3% 0.3%
Sexual Offenses 736 727
1.1% 1.0%
Robbery 1,567 1,486
2.3% 2.1%
Violent Personal Offenses 9,080 9,526
13.4% 13.7%
Burglary 7,413 7,093
11.0% 10.2%
Theft/Forgery/Fraud 17,655 18,369
26.1% 26.4%
Drugs 21,234 21,908
31.4% 31.4%
Weapons 2,157 2,533
3.2% 3.6%
Other 7,631 7,857
11.3% 11.3%
Total 67,669 69,681
100.0% 100.0%
1 Offense dates on or after October 1, 2012.
2 Offense dates on or after October 1, 2013.

Table 4 Distribution of Offense

Primary Offense FY 2013-2014
Sentence Dates1
FY 2014-2015
Sentence Dates2
Murder/Manslaughter 196 0.3% 182 0.3%
1st Degree Murder 61 0.1% 48 0.1%
2nd Degree Murder 70 0.1% 66 0.1%
3rd Degree Murder 3 0.0% 3 0.0%
Homicide, Other 2 0.0% 3 0.0%
Manslaughter 36 0.1% 39 0.1%
DUI Manslaughter 24 0.0% 23 0.0%
Sexual Offenses 736 1.1% 727 1.0%
Capital Sexual Battery 25 0.0% 32 0.0%
Life Sexual Battery 23 0.0% 24 0.0%
1st Degree Sexual Battery 37 0.1% 48 0.1%
2nd Degree Sexual Battery 73 0.1% 94 0.1%
Sexual Assault, Other 10 0.0% 5 0.0%
Lewd/Lascivious Behavior 568 0.8% 524 0.8%
Robbery 1,567 2.3% 1,486 2.1%
Robbery with Weapon 547 0.8% 558 0.8%
Robbery without Weapon 974 1.4% 879 1.3%
Home Invasion, Robbery 46 0.1% 49 0.1%
Violent Personal Offenses 9,058 13.4% 9,511 13.6%
Home Invasion, Other 1 0.0% 0 0.0%
Carjacking 62 0.1% 60 0.1%
Aggravated Assault 1,273 1.9% 1,236 1.8%
Aggravated Battery 873 1.3% 933 1.3%
Assault/Battery on L.E.O. 1,029 1.5% 1,150 1.7%
Assault/Battery, Other 989 1.5% 1,055 1.5%
Aggravated Stalking 157 0.2% 153 0.2%
Resisting Arrest with Violence 1,126 1.7% 1,168 1.7%
Kidnapping 259 0.4% 298 0.4%
Arson 118 0.2% 105 0.2%
Abuse of Children 962 1.4% 960 1.4%
Violent, Other 1,850 2.7% 2,028 2.9%
Leaving Accident, Injury/Death 308 0.5% 298 0.4%
DUI, Injury 51 0.1% 67 0.1%
Burglary 7,413 11.0% 7,093 10.2%
Burglary, Structure 3,817 5.6% 3,716 5.3%
Burglary, Dwelling 2,666 3.9% 2,423 3.5%
Burglary, Armed 256 0.4% 269 0.4%
Burglary with Assault 208 0.3% 195 0.3%
Burglary/Trespass, Other 466 0.7% 490 0.7%
Theft/Forgery/Fraud 17,655 26.1% 18,375 26.4%
Grand Theft, Other 6,852 10.1% 7,318 10.5%
Grand Theft, Automobile 1,156 1.7% 1,318 1.9%
Stolen Property 3,196 4.7% 2,978 4.3%
Forgery/Counterfeiting 1,838 2.7% 1,901 2.7%
Worthless Checks 114 0.2% 92 0.1%
Fraudulent Practices 1,998 3.0% 1,962 2.8%
Theft/Property Damage, Other 2,501 3.7% 2,806 4.0%
Drugs 21,234 31.4% 21,908 31.4%
Drugs, Manufacture/Sale/Purchase 6,078 9.0% 6,012 8.6%
Drugs, Trafficking 839 1.2% 741 1.1%
Drugs, Possession/Other 14,317 21.2% 15,155 21.7%
Weapons 2,157 3.2% 2,533 3.6%
Weapons, Discharging 166 0.2% 174 0.2%
Weapons, Possession 1,983 2.9% 2,355 3.4%
Weapons, Other 8 0.0% 4 0.0%
Other 7,653 11.3% 7,866 11.3%
Escape 1,509 2.2% 1,539 2.2%
DUI, No Injury 469 0.7% 445 0.6%
Traffic, Other 3,151 4.7% 3,403 4.9%
Racketeering 14 0.0% 22 0.0%
Pollution/Hazardous Materials 14 0.0% 18 0.0%
Criminal Justice System 2,037 3.0% 1,993 2.9%
Other 459 0.7% 446 0.6%
Total 67,669 100.0% 69,681 100.0%
1 Offense dates on or after October 1, 2012.
2 Offense dates on or after October 1, 2013.


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