Florida has a system of “gain time” that allows prisoners to reduce their sentences through good behavior and work programs. Gain time provides an incentive for prisoners to follow prison rules and participate in rehabilitative activities. Understanding how gain time works is important for both prisoners and their families. This article explains everything you need to know about gain time in Florida prisons.
How Gain Time Works in Florida
Florida Statute 944.275 outlines the policies for awarding gain time to prisoners in the Florida Department of Corrections (FDC). There are two main types of gain time in Florida:
Incentive Gain Time
Incentive gain time is awarded for good behavior, work, and program participation. Prisoners can receive awards ranging from 10 days to 60 days per month based on their activities. The amount of monthly incentive gain time depends on the prisoner’s assigned custody level and work/program schedule.
Incentive gain time rewards prisoners for constructive behavior and reduces disciplinary issues in prison. It also helps prisons run more efficiently by providing an incentive for prisoner labor.
Earned Gain Time
Earned gain time is awarded for successfully completing certain educational, vocational, and self-improvement programs. For example, prisoners can earn days off their sentence for completing substance abuse treatment, getting a GED, learning vocational skills, and more.
The amount of earned gain time varies based on the program. But most programs award between 5 and 60 days. Earned gain time encourages prisoners to improve themselves through structured programming.
Gain Time Policies for Florida Prisoners
The specific gain time policies depend on the prisoner’s custody level, sentence, and facility assignments. Here are some key policies:
- Minimum Custody – Prisoners can receive up to 20 days incentive gain time and 60 days earned gain time per month.
- Medium Custody – Up to 20 days incentive and 60 days earned per month.
- Close Custody – Up to 10 incentive and 60 earned days per month.
- Maximum Custody – Up to 4 incentive and 60 earned days per month.
- Youthful Offenders – Incentive gain time capped at 15 days per month.
- 85% Sentences – Only eligible for earned gain time, no incentive awards.
- Life Sentences – Only eligible for earned gain time after 25 years served.
- Death Sentences – Not eligible for gain time.
- Work Camps – Prisoners can receive enhanced gain awards for farmwork, up to 20 days incentive and 90 days earned per month.
So a well-behaved minimum custody prisoner working full time could potentially reduce their sentence by 80 days for every month served. But maximum custody prisoners have limited opportunities to earn time off.
How Much Gain Time Do Florida Prisoners Actually Earn?
While the maximum allowable gain time seems generous, the reality is most prisoners do not receive the full awards each month. Here are some statistics on average gain time earned:
- In 2020, the average inmate received 67 days of total gain time for every year served.
- For inmates released in 2020, the average length of stay was 3.9 years and the average gain time earned was 263 days.
- Only around 30% of inmates achieve the maximum gain time awards each month.
- Disciplinary infractions, custody demotions, and program unavailability limit most prisoners’ gain time.
The American Civil Liberties Union has criticized Florida’s gain time system for failing to deliver on its promised incentives in many cases. While diligent and well-behaved prisoners can significantly reduce their sentences, the average inmate does not come close to maximizing their awards.
Impact of Gain Time on Florida Prison Sentences
To understand how gain time impacts actual prison stays, here are some examples:
10 Year Sentence
- Max gain time: 960 days per year x 10 years = 9,600 days or about 26 years reduced.
- Average gain time: 263 days per year x 10 years = 2,630 days or about 7 years reduced.
- Average time served: 10 years – 2,630 days = About 7 years
25 Year Sentence
- Max gain time: 960 days x 25 years = 24,000 days or about 66 years reduced
- Average gain time: 263 days x 25 years = 6,575 days or about 18 years reduced
- Average time served: 25 years – 6,575 days = About 18 years
Life Sentence
- Eligible for gain time after 25 years served
- Max gain time: 960 days x remaining years = Significant reduction in life term
- Average gain time: 263 days x remaining years = Moderate reduction in life term
While not all prisoners receive maximum gain time, it can still provide years of sentence reductions for eligible inmates.
Can Prisoners Lose Gain Time?
Yes, inmates can lose gain time they previously earned. Reasons for loss of gain time include:
- Committing disciplinary infractions in prison
- Being demoted to a lower custody level
- Failing or withdrawing from an educational/vocational program
- Escaping or attempting to escape
- Violating conditional release terms after finishing sentence
Disciplinary teams decide how much gain time to forfeit based on the severity of offenses. Minor infractions may result in a warning or loss of just a few days. Major infractions like assaults can result in months or years of gain time being revoked.
In rare cases, prisoners who frequently violate rules can have all accrued gain time forfeited and be required to serve their entire original sentence.
Conclusion: Making the Most of Gain Time in Florida Prisons
Gain time in Florida provides prisoners an opportunity to take an active role in their rehabilitation and earn early release. While gain time policies are complex, prisoners should focus on:
- Maintaining good behavior without disciplinary issues
- Participating in work, vocational, and educational programs
- Progressing to lower custody levels through good conduct
- Avoiding gang involvement and rule violations
- Taking advantage of opportunities to earn sentenced reductions
Prisoners who make the most of their time and follow the rules can reduce their sentences by years in many cases. However, violations and non-participation result in less gain time and longer stays. Understanding the gain time system provides hope and incentives for prisoners to better themselves.
Frequently Asked Questions About Gain Time in Florida
How is gain time applied to an inmate’s release date?
Gain time awards are used to calculate an inmate’s tentative release date. Each gain time award brings their release date closer based on the number of days earned off their sentence.
Do you have to apply for gain time in Florida?
No application is required. Gain time is automatically applied by correctional officers and classification teams based on behavior, work, and program participation documented in the inmate’s record.
Can you get gain time on a probation violation in Florida?
No, gain time only applies to new criminal sentences involving incarceration in state prison. Probation sentences do not allow for gain time even if there is jail time for violations.
What happens to gain time if you get released then violate parole?
Any gain time earned on the original sentence may be forfeited if parole is violated leading to re-incarceration. New gain time can be earned on the remaining sentence after being returned to custody.
Is there gain time in federal prisons?
No, gain time policies are specific to state prison systems. Federal prisons use a system of “good conduct time” but this operates differently than Florida state gain time.
The Florida prison system provides opportunities to reduce sentences through gain time, but it requires hard work and good behavior. Understanding the gain time policies and taking advantage of programs can pay off with years of sentence reductions for eligible inmates.
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