GOAL: The sentence imposed by the sentencing judge reflects the length of actual time to be served, shortened only by the application of incentive and meritorious gain-time. F.S. 921.001(4)(a)5.
FACT: Although the prison sentence lengths imposed by courts have not changed dramatically from FY 1992-93 to FY 1996-97, the repeal of basic gain-time and elimination of the early prison release program has significantly increased actual time served in prison.
FINDINGS:
Figure 1 | ||||||
Average Percentage of Time Served Over Seven Years | ||||||
Table 1 | ||||||
Comparison of State Prison Sentence Length to Estimated Number of | ||||||
Years Served for Selected Offenses | ||||||
Pre-1994 vs. 1994-95 Sentencing Guidelines Policy | ||||||
Avg. Sentence Length in Years | Est. # of Years Served | |||||
Primary Offense | FY 1992-93 Pre-1994 Guidelines Policy | FY 1996-97 1994-95 Guidelines Policy | Diff. | FY 1992-93 Pre-1994 Guidelines Policy* | FY 1996-97 1994-95 Guidelines Policy** | Diff. |
2nd Degree Murder | 18.4 | 18.1 | -0.34 | 12.5 | 16.5 | +4.0 |
Manslaughter | 8.6 | 6.9 | -1.7 | 4.9 | 6.9 | +2.0 |
1st Degree Sexual Battery | 8.7 | 12.0 | +3.3 | 5.1 | 10.8 | +5.8 |
Lewd/Lascivious Behavior | 8.1 | 4.4 | -3.7 | 3.5 | 4.6 | +1.1 |
Robbery with Weapon | 9.1 | 7.5 | -1.6 | 6.5 | 8.0 | +1.5 |
Aggravated Battery | 4.1 | 3.4 | -0.7 | 2.7 | 3.8 | +1.1 |
Burglary of Structure | 3.6 | 2.2 | -1.4 | 2.2 | 2.9 | +0.7 |
Burglary of Dwelling | 5.3 | 3.4 | -1.9 | 3.1 | 3.9 | +0.9 |
Grand Theft | 3.2 | 1.8 | -1.4 | 1.9 | 2.4 | +0.5 |
Grand Theft, Automobile | 3.0 | 1.5 | -1.5 | 1.8 | 2.2 | +0.4 |
Stolen Property | 4.8 | 2.3 | -2.5 | 2.6 | 2.8 | +0.2 |
Weapons, Possession | 3.9 | 3.0 | -0.9 | 2.6 | 3.6 | +1.0 |
Drugs, Man./Sale/Purch. | 3.8 | 2.0 | -1.8 | 2.3 | 2.6 | +0.3 |
Drugs, Trafficking | 6.2 | 5.2 | -1.0 | 3.4 | 5.6 | +2.3 |
Drugs, Possession/Other | 2.6 | 1.0 | -1.6 | 1.6 | 1.7 | +0.1 |
*The Pre-1994 Guidelines Policy estimates of time served are based on FY 1992-93 sentences to state prison, assuming33% basic gain-time reduction and 25% incentive gain-time reduction of state prison sentences, and excluding offenses committed before 1/1/90. The estimates assume no early prison release through the control release program, used until December 1994 to reduce prison overcrowding. | ||||||
**The 1994-95 Guidelines Policy estimates of time served are based on FY 1995-96 sentences to state prison, assuming75% of sentence served for offenses committed between 1/1/94 and 9/30/95 and 85% of sentence served for offenses committed on or after 10/1/95. | ||||||