Table	of	Contents	
Executive	Summary	................................................................................................................	2	
Introduction	...........................................................................................................................	3	
National	Overview:	Florida	in	Context	.........................................................................................................	3	
Overview	of	Florida	Adult	Criminal	Justice	System	.................................................................	6	
Crime	Rate	Trends	........................................................................................................................................	6	
Felony	Filing	Trends	.....................................................................................................................................	7	
Sentencing	Trends	........................................................................................................................................	8	
Jail	Population	Trends	..................................................................................................................................	9	
Prison	Population	Trends	.............................................................................................................................	9	
Community	Supervision	Trends	.................................................................................................................	21	
Prison	Admissions	.................................................................................................................	23	
Sentencing	Guidelines	Overview	................................................................................................................	23	
Alternatives	to	Incarceration	.....................................................................................................................	27	
Responses	to	Violations	.............................................................................................................................	32	
Year-and-a-Day	Sentences	.........................................................................................................................	35	
Enhancements	and	Mandatory	Minimums	................................................................................................	38	
Property	Offenses	......................................................................................................................................	42	
Burglary	.................................................................................................................................................	43	
Theft	.......................................................................................................................................................	43	
Drug	Offenses	.............................................................................................................................................	46	
Elderly	Prisoners	....................................................................................................................	48	
Release	and	Reentry	..............................................................................................................	52	
Time	Served	................................................................................................................................................	52	
Prison	Release	Types	and	Reentry	Planning	...............................................................................................	55	
Recidivism	..................................................................................................................................................	59	
Conclusion	.............................................................................................................................	62	
Appendix:	Data	and	Interview	Sources	and	Methodology	......................................................	64	
	

	

	

1	

	

EXECUTIVE	SUMMARY	
	
In	2016,	the	Florida	Legislature	appropriated	funding	for	“a	comprehensive	review	of	Florida's	
criminal	justice	system,	including	but	not	limited	to	criminal	law	and	procedure,	law	
enforcement,	prosecution	and	defense	of	criminal	offenses,	the	judicial	and	courts	system,	
sentencing,	and	corrections.”	This	report	aims	to	provide	a	comprehensive	overview	of	trends	
in	Florida’s	criminal	justice	system	over	the	last	decade,	and	illuminate	those	trends	with	data	
from	across	the	system.	
	
After	30	years	of	growth,	the	last	decade	has	seen	Florida’s	prison	population	plateau	and	its	
community	supervision	population	decline.	Two	competing	trends	have	led	to	the	stabilized	
prison	population:	a	decline	in	prison	admissions,	driven	by	major	reductions	in	crime	rates,	
arrests,	and	criminal	prosecutions,	balanced	out	by	longer	sentences	for	those	who	are	sent	to	
prison.		
	
This	report	explores	how	Florida	sentencing	and	release	policies	have	shaped	these	competing	
trends,	and	looks	beneath	the	statewide	numbers	at	cases	that	defy	these	trends.	
	
Key	findings	include:	
• Florida’s	imprisonment	rate	is	23	percent	higher	than	the	national	average,	and	10th	
overall	in	the	nation.	
• In	the	last	decade,	Florida’s	violent	and	property	crime	rates	and	drug	arrests	have	all	
dropped	approximately	30	percent,	although	the	total	crime	rate	remains	15	percent	
higher	than	the	national	average.		
• Prison	admissions	declined	28	percent	in	the	last	decade,	driven	by	the	declines	in	crime	
as	well	as	declining	revocations	from	supervision	after	Florida	Department	of	
Corrections	(FDC)	policy	shifts	in	how	violations	are	addressed.	
• In	the	same	period,	average	sentence	length	increased	22	percent,	balancing	out	the	
admissions	decline	and	leading	to	a	mostly	stable	prison	population.	
• Trends	in	admissions	and	prison	population	vary	widely	across	the	state.	In	general,	
southern	and	eastern	Florida	counties	send	people	to	prison	at	a	lower	rate	than	
northern,	central,	and	western	counties.	
• Due	to	mandatory	minimum	sentences,	sentence	enhancements,	and	statutory	time	
served	requirements,	prisoners	in	Florida	serve	significantly	longer	periods	in	prison	
than	in	other	states,	including	for	nonviolent	crimes.	
• Long	sentences	and	few	release	options	are	the	main	driving	force	of	the	growth	of	the	
elderly	population	in	Florida’s	prisons.	
• Most	offenders	leave	prison	with	little	or	no	post-prison	release	supervision.	
Due	to	the	time	constraints	of	this	project,	as	well	as	unavailability	of	data,	there	is	still	a	great	
deal	about	the	Florida	criminal	justice	system	that	is	unknown.	Development	of	or	access	to	
further	information	on	court	processes	and	sentences,	violations	and	revocations,	problemsolving	courts,	and	community	supervision	are	needed	to	better	understand	the	system.	
	

2	

	

INTRODUCTION	
	
In	November	2016,	the	Florida	Legislature	released	an	Invitation	to	Negotiate	seeking	an	
independent	consultant	to	conduct	an	assessment	of	Florida’s	criminal	justice	data.	This	project	
fulfills	the	requirements	of	proviso	language	in	Specific	Appropriations	2654	and	2655	in	Ch.	
2016-66,	Laws	of	Florida,	also	known	as	the	General	Appropriations	Act,	passed	during	the	2016	
session	of	the	Florida	Legislature	that	called	for	“a	comprehensive	review	of	Florida's	criminal	
justice	system,	including	but	not	limited	to	criminal	law	and	procedure,	law	enforcement,	
prosecution	and	defense	of	criminal	offenses,	the	judicial	and	courts	system,	sentencing,	and	
corrections.”	
	
After	a	competitive	bid	process,	the	Crime	and	Justice	Institute	(CJI)	at	Community	Resources	
for	Justice	was	selected	to	conduct	this	assessment.	CJI	began	work	on	the	assessment	at	the	
beginning	of	February	2017	with	a	final	report	due	on	May	1,	2017.	
	
As	part	of	the	assessment,	CJI	identified,	collected,	and	analyzed	key	data	elements	from	a	
number	of	agencies,	including	the	Florida	Department	of	Corrections	(FDC)	and	the	Office	of	
the	State	Court	Administrator	(OSCA).	CJI	also	reviewed	Florida	statutes	and	agency	policies,	
and	interviewed	stakeholders	from	across	the	criminal	justice	system.	See	the	Appendix	for	a	
full	list	of	data	sources	used	and	interviews	conducted,	as	well	as	a	description	of	coding	and	
methodology.	
	
This	report	covers	a	broad	range	of	topics	in	adult	corrections,	with	a	focus	on	the	Florida	
prison	population	and	drivers	of	that	population.	First,	it	reviews	the	history	of	prison	
population	growth	in	Florida	and	the	United	States,	followed	by	a	survey	of	high-level	data	on	
the	last	decade	in	Florida	criminal	justice,	from	crime	rates	through	sentencing,	the	prison	
population,	and	finally,	community	supervision.	The	remainder	of	the	report	focuses	on	specific	
trends	within	the	Florida	prison	system,	in	rough	order	of	how	an	offender	moves	through	the	
system,	beginning	with	prison	admissions,	then	taking	a	closer	look	at	a	growing	portion	of	the	
prison	population	made	up	of	offenders	age	50	and	older,	and	finally	examining	trends	in	
release	types	and	length	of	stay.	In	the	conclusion,	the	report	returns	to	data	gaps	and	
omissions	and	makes	suggestions	for	further	review.		

National	Overview:	Florida	in	Context	
	
Across	the	country,	state	prison	populations	expanded	rapidly	starting	in	the	early	1970s,	and	
state	officials	have	spent	an	increasing	share	of	taxpayer	dollars	to	keep	pace	with	prison	costs.		
	
From	the	mid-1980s	to	the	mid-2000s,	spending	on	corrections	was	the	second-fastest	growing	
state	budget	category,	behind	only	Medicaid.1	Nationally,	in	2015,	1	in	15	state	general	fund	
dollars	went	to	corrections.	In	Florida,	the	equivalent	measure	was	1	out	of	11.2	Most	
corrections	dollars	go	to	the	capital,	security,	and	health	care	costs	of	prisons.	In	Fiscal	Year	
2015-2016,	69	percent	of	the	FDC	budget	of	$2.3	billion	went	to	institutional	operations	and	
	

3	

	
security	and	an	additional	16	percent	to	health	services,	compared	to	just	9	percent	to	
community	corrections.	In	the	last	decade,	the	FDC	institutional	budget	has	risen	14	percent	
while	the	community	corrections	budget	has	fallen	22	percent.	
	
After	38	years	of	uninterrupted	growth,	the	national	prison	population	declined	5.5	percent	
between	2009	and	2015.3	Within	this	overall	pattern	states	have	followed	very	different	
trajectories,	particularly	in	the	last	ten	years.	Since	2009,	24	states	have	declined	their	prison	
populations	while	26	have	experienced	growth,	ranging	from	a	24	percent	decline	in	California	
to	a	21	percent	increase	in	North	Dakota.	
	
Florida’s	prison	population	has	tended	to	follow	the	national	path,	with	a	similar	trajectory	of	
rapid	growth	through	2010	followed	by	stability	or	minor	decline.	From	2010	to	2015,	the	
Florida	prison	population	declined	slightly	(three	percent),	and	it	now	hovers	around	the	level	
of	the	mid-2000s.	This	leaves	Florida	with	the	third-largest	state	prison	population	in	the	
country,	after	Texas	and	California.	
	
Figure	1:	Florida’s	Prison	Population	Grew	373	Percent	Since	1978	

150,000	

	101,424		

100,000	
50,000	
0	

	21,436		
1978	
1980	
1982	
1984	
1986	
1988	
1990	
1992	
1994	
1996	
1998	
2000	
2002	
2004	
2006	
2008	
2010	
2012	
2014	

Prison	PopulaWon	

Florida	Prison	PopulaWon,	1978-2015	

Source:	Bureau	of	Justice	Statistics,	National	Prisoner	Series	
	

	

Florida’s	imprisonment	rate	(the	number	of	people	in	prison	per	100,000	residents)	has	
followed	a	similar	pattern,	but	still	hovers	23	percent	above	the	national	average.	Compared	to	
other	high-population	states,	Florida’s	imprisonment	rate	is	higher	than	most	(see	Figure	2),	
and	is	10th	highest	overall	in	the	United	States.	
	

	

4	

	

Imprisonment	Rate	per	100,000	

Figure	2:	Florida’s	Imprisonment	Rate	23	Percent	Higher	Than	Average	
Imprisonment	Rate	in	High	PopulaWon	States,	2015	
600	
500	
400	
300	
200	
100	
0	

568	

503	

496	

	

449	

402	

Source:	Bureau	of	Justice	Statistics,	National	Prisoner	Series	
	

387	

360	

352	

		

The	national	crime	rate	has	been	falling	since	the	early	1990s	and	is	now	at	its	lowest	level	since	
1968.4	Florida’s	crime	rate	has	also	fallen	significantly,	though	it	remains	15	percent	higher	than	
the	national	average.	Currently,	Florida	has	the	15th	highest	total	crime	rate	and	the	11th	
highest	violent	crime	rate	in	the	country	(although	the	FBI	cautions	against	rankings).5	Since	
2010,	31	states	(including	Florida)	have	reduced	both	their	imprisonment	and	crime	rates.6	
	

	

	

5	

	

OVERVIEW	OF	FLORIDA	ADULT	CRIMINAL	
JUSTICE	SYSTEM	
	
Over	the	last	ten	years,	Florida’s	prison	population	size	has	remained	fairly	stable,	but	many	
other	aspects	of	the	adult	criminal	justice	system	have	changed.	This	section	reviews	high-level	
trends	from	crime	rates	through	community	supervision.	The	overarching	trends	described	here	
are	covered	in	more	detail	in	the	sections	that	follow.	

Crime	Rate	Trends	
	
Like	the	rest	of	the	country,	Florida’s	crime	rate	has	plunged	precipitously	from	its	peak	in	1988.	
In	the	last	ten	years,	this	trend	continued	following	a	short	leveling	off	period	in	the	early	
2000s.	Since	2006,	the	Florida	violent	crime	rate	fell	36	percent	and	the	property	crime	rate	fell	
29	percent.	
	
Figure	3:	Florida	Violent	and	Property	Crime	Rates	at	Lowest	Point	Since	Mid-to-Late-1960s	

2015:	

461.9		

10,000	
8,000	
6,000	
4,000	
2,000	
0	

Source:	Uniform	Crime	Rate	Reports,	Federal	Bureau	of	Investigation	

1964:	
3068.2	

2015:	
2,813.2		

1960	
1965	
1970	
1975	
1980	
1985	
1990	
1995	
2000	
2005	
2010	
2015	

1969:	
462.9	

Property	Crimes	per	100,000	

1,400	
1,200	
1,000	
800	
600	
400	
200	
0	

Florida	Property	Crime	Rate,	
1960-2015	

1960	
1965	
1970	
1975	
1980	
1985	
1990	
1995	
2000	
2005	
2010	
2015	

Violent	Crimes	per	100,000	

Florida	Violent	Crime	Rate,	
1960-2015	

	

	
In	the	last	year	of	available	data	(2014	to	2015)	there	was	a	tiny	(one	percent)	uptick	in	the	
violent	crime	rate	in	Florida.	It	remains	to	be	seen	if	this	is	a	one-year	anomaly	or	the	start	of	a	
new	trend.	
	
Drug	arrests	also	fell	over	this	period.	From	2006	to	2014,	drug	arrests	in	Florida	fell	26	percent.	
Total	arrests	also	declined	22	percent,	a	little	less	than	the	decline	in	property	and	violent	
reported	crimes.	This	may	be	because	there	are	more	arrests	for	crimes	which	are	not	included	
in	the	serious	(“index”)	crime	count	collected	and	reported	by	the	FBI,	or	because	there	are	
more	arrests	per	reported	crime.	

	

6	

	

Felony	Filing	Trends	
	
Over	315,000	criminal	charges	were	filed	in	Florida	circuit	courts	in	2015,	related	to	almost	
168,000	defendants.	These	numbers	represent	significant	drops	from	a	decade	ago	—	an	18	
percent	decline	in	charges	filed	and	a	24	percent	decline	in	the	number	of	defendants.	The	ratio	
of	felony	charges	to	total	arrests	in	the	state	rose	only	slightly	over	this	period	(shifting	from	.42	
felony	charges	filed	per	arrest	in	2007	to	.46	in	2014i),	suggesting	that	the	main	reason	for	the	
decline	was	because	of	fewer	crimes	and	arrests.	
	
In	2006,	drug	crimes	represented	the	single	largest	criminal	category	in	the	state.	After	a	31	
percent	decline	in	drug	charges,	the	theft,	fraud,	and	forgery	crime	category	had	taken	the	top	
spot	in	2015.	The	decline	in	drug	charges	filed	accounts	for	just	under	one-half	of	the	overall	
decline	in	felony	filings.	The	number	of	charges	for	theft,	fraud,	and	forgery	grew.	
	
Figure	4:	Felony	Filings	Declined	18	Percent,	Driven	by	31	Percent	Decline	in	Drug	Charges	
Filed	
Criminal	Charges	Filed	in	Circuit	Court,	2006	vs	2015	
Capital	Murder	
Non	Capital	Murder	
Sex	Off	
Robbery	
Other	Violent	
Burglary	
Thej,	Fraud,	Forgery	
Bad	Checks	
Other	Property	
Drugs	
Other	
0	

20,000	 40,000	 60,000	 80,000	 100,000	 120,000	
Number	of	Felony	Filings	
2006	

Source:	Florida	Trial	Court	Statistics	Query	Tool	

2015	

	

	
	
	

																																																								
i

	This	ratio	seemed	to	rise	to	.51	in	2015,	however	there	is	a	possibility	that	the	2015	arrests	have	been	
underreported	which	would	artificially	drive	that	number	up.	

	

7	

	

Sentencing	Trends	
	
Under	the	Florida	sentencing	guidelines	system,	known	as	the	Criminal	Punishment	Code	(CPC)	
—	explained	in	greater	detail	beginning	on	page	23	of	this	report	—	every	felony	conviction	
should	be	accompanied	by	a	sentencing	scoresheet.	The	sentencing	scoresheets	filed	with	the	
Florida	Department	of	Corrections	(FDC)	were	examined	to	understand	the	sentencing	trends	in	
the	state.	While	these	data	are	imperfect	(see	the	Appendix	for	a	discussion	of	missing	data	and	
methodology)	they	provide	a	picture	of	how	sentencing	decisions	have	changed	accounting	for	
offense	severity,	criminal	history,	and	other	important	factors	that	affect	felony	sentences.	
	
Because	of	the	reduction	in	felony	filings	shown	above,	the	number	of	overall	felony	cases	
resulting	in	a	sentence	has	declined	significantly	in	the	last	ten	years.	In	particular,	this	drop	has	
been	concentrated	among	lower-level	crimes:	third	degree	crimes	with	lower	severity	levels	as	
defined	in	the	CPC	(Figure	5).	
	
Figure	5:	25	Percent	Decline	in	Sentencing	Scoresheets	Filed	For	Third	Degree	Felonies		

Sentencing	Scoresheets	Filed	

Sentencing	Scoresheets	Filed	by	Degree,	2006	vs	2015	
140,000	
120,000	
100,000	
80,000	

	94,113		

60,000	

3rd	Degree	
	70,707		

40,000	

2nd	Degree	
1st	Degree	

20,000	
0	
2006	

2015	

	

Source:	CJI	Analysis	of	Scoresheet	Data	Provided	by	the	Florida	Department	of	Corrections	

	
A	conviction	today	is	more	likely	to	result	in	a	prison	or	county	jail	sentence	than	it	was	ten	
years	ago	(Figure	6).	This	is	primarily	because	the	pool	of	felonies	receiving	sentences	is	made	
up	of	more	first	and	second	degree	felonies	after	the	decline	in	third	degree	felonies	shown	in	
Figure	5.	Comparing	similar	crimes,	the	number	of	state	prison	sentences	has	declined	and	the	
number	of	county	jail	sentences	has	increased,	as	discussed	further	in	the	prison	admissions	
section	of	this	report.	

	

8	

	
Figure	6:	New	Felony	Cases	Today	More	Likely	to	Result	in	Incarceration	Sentence	

%	of	All	Scoresheets	Filed	

Sentence	Type,	New	Sentences	Only,	2006	vs	2015	
60%	
50%	
40%	
30%	
20%	
10%	
0%	
State	Prison	

County	Jail	

Community	
Control	

Probalon	

Sentence	Type	
2006	 2015	

	

	

Source:	CJI	Analysis	of	Scoresheet	Data	Provided	by	the	Florida	Department	of	Corrections	

Jail	Population	Trends	
	
Like	crime	rates,	arrests,	and	felony	filings,	the	county	jail	average	daily	population	has	fallen	
over	the	last	decade.	According	to	reports	compiled	by	FDC,	the	jail	population	has	fallen	20	
percent	since	2007,	or	about	10,000	beds.	
	
Figure	7:	Jail	Average	Daily	Population	Has	Fallen	20	Percent	in	Last	Decade	

Jail	Average	Daily	
PopulaWon	

Florida	Jails	Average	Daily	PopulaWon,	2007-2016	
70,000	

65,215	

60,000	

52,356	

50,000	
40,000	
30,000	
2007	 2008	 2009	 2010	 2011	 2012	 2013	 2014	 2015	 2016	

Source:	Florida	Department	of	Corrections	Report	on	County	Detention	Facilities	

	

	

According	to	the	same	reports,	just	under	two-thirds	of	those	held	in	county	detention	facilities	
are	being	held	pretrial.	This	percentage	declined	from	2007	to	2011	before	rebounding	slightly	
in	more	recent	years.		

Prison	Population	Trends	
	
All	changes	to	the	prison	population	are	driven	by	changes	to	either	admissions	(who	comes	in	
the	door),	length	of	stay	(how	long	they	stay	in	prison),	or	both.	When	one	of	these	factors	
shows	significant	change,	there	is	a	likelihood	that	the	change	affects	the	overall	prison	
	

9	

	
population.	In	other	words,	if	admissions	are	consistently	declining	over	a	multi-year	period	this	
typically	results	in	a	declining	prison	population.		
	
However,	this	is	not	the	case	in	Florida.	In	Florida,	prison	admissions	and	lengths	of	stay	are	
moving	in	opposite	directions;	examining	each	separately	provides	a	clearer	understanding	of	
why	the	prison	population	has	remained	mostly	steady	in	the	last	decade	despite	the	decline	in	
crime,	felony	filings,	and	sentences	to	prison.	
	
Admissions	
Prison	admissions	in	Florida	are	down	significantly	in	the	last	decade.	This	change	is	driven	by	
the	reduction	in	felony	filings	described	above,	as	well	as	changes	in	FDC	policy	regarding	
responses	to	violations	committed	by	people	on	community	supervision.		
	
Figure	8:	Prison	Admissions	Declined	28	Percent	in	Last	Decade	

Admissions	

Prison	Admissions	by	Year,	2007-2016	
	45,000		
	40,000		
	35,000		
	30,000		
	25,000		
	20,000		

	41,989		
	30,399		

2007	 2008	 2009	 2010	 2011	 2012	 2013	 2014	 2015	 2016	

	

Source:	CJI	Analysis	of	Prison	Admissions	and	Intake	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Florida	prison	admissions	are	made	up	of	three	distinct	groups:		
	
• Newly	sentenced	prisoners:	people	sentenced	directly	to	prison	for	their	crimes			
• Probation	revocations:	people	put	on	probation	or	community	control	supervision	and	
later	revoked	either	for	a	new	crime	or	a	technical	violation,	which	includes	any	alleged	
violation	that	is	not	a	new	felony	or	misdemeanor	offense,	or	criminal	trafficking	
offense7				
• Release	revocations:	people	released	to	post-prison	release	supervision	and	later	
returned	to	prison	on	a	technical	violation	
Because	data	on	release	revocations	is	incomplete,	most	of	the	analysis	in	this	report	focuses	
on	new	court	commitments,	which	includes	both	newly	sentenced	prisoners	and	probation	
revocations.		
	

	

10	

	
Figure	9:	Prison	Admission	Decline	Driven	by	39	Percent	Reduction	in	Admissions	for	People	
Already	on	Supervision	
Prison	Admissions	by	Type,	2007	vs	2016	
50,000	
Admissions	

40,000	
30,000	

	16,950		

Release	Revocalon	
	10,308		

20,000	

Probalon	Revocalon	
Newly	Sentenced	Prisoner	

10,000	
0	

	

2007	

2016	

	

Source:	CJI	Analysis	of	Prison	Admissions	and	Intake	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Of	the	total	decline	in	people	admitted	to	Florida’s	prisons	over	the	last	decade,	about	60	
percent	was	caused	by	a	decline	in	probation	revocations,	which	fell	39	percent	in	this	period.	
The	number	of	newly	sentenced	prisoners	also	fell	by	18	percent.	
	
	
	

	

11	

	
Figure	10:	The	Rate	of	Prison	New	Court	Commitments	per	Resident	Varies	Widely	Across	the	
State	

New	Court	Commitments	per	
100,000	Residents,	2016	

	

Source:	CJI	Analysis	of	Prison	Admissions	and	Intake	Data	Provided	by	the	Florida	Department	of	Corrections	
	

The	prison	admissions	rate	varies	significantly	across	the	state.	Figure	10	shows	the	new	court	
commitments	(prison	admissions	excluding	returns	from	post-prison	release	supervision)	per	
100,000	residents	by	county,	ranging	from	55	to	over	600.		
	
In	general,	southern	and	eastern	Florida	counties	send	people	to	prison	at	a	lower	rate	than	
northern,	central,	and	western	counties.	These	patterns	hold	when	looking	at	admissions	per	
reported	crime	or	admissions	per	arrest,	which	means	that	the	disparity	is	not	driven	by	
underlying	crime	rates.	
	

	

12	

	
Figure	11:	70	Percent	of	Florida	Counties	Showed	Decline	in	Prison	Admissions	in	Last	Decade	

Percentage	Change	in	New	Court	
Commitments	to	Prison,	2007-2016	

Source:	CJI	Analysis	of	Prison	Admissions	and	Intake	Data	Provided	by	the	Florida	Department	of	Corrections	
	

	

The	decline	in	prison	admissions	in	the	last	ten	years	was	not	universal	across	the	state.	Overall,	
47	of	67	counties	experienced	a	decline	in	prison	admissions,	while	20	counties	saw	an	
increase.	Within	these	groups	there	was	significant	variation,	with	some	counties	cutting	their	
prison	admissions	by	half,	while	others	tripled	theirs	over	the	same	period.	
	
Florida’s	sentencing	system,	discussed	in	greater	detail	in	the	following	section,	bases	
punishment	on	the	primary	offense,	generally	considered	to	be	the	most	serious	(see	the	
sentencing	guidelines	section	for	more	detail)	with	consideration	given	to	other,	less	serious	
offenses	related	to	the	current	sentence	of	record.	This	report	mostly	focuses	on	the	primary	
offense	associated	with	a	given	sentence	or	prison	admission.		
	
	

	

13	

	
While	admissions	for	all	primary	offense	types	declined	in	the	last	decade,	the	largest	decline	
was	for	drug	offenders.	In	2016,	just	under	two-thirds	(63	percent)	of	Florida	prison	admissions	
came	in	with	a	nonviolent	primary	offense.		
	
Figure	12:	46	Percent	Decline	in	Drug	New	Court	Commitments	to	Prison	

New	Court	Commitments	

New	Court	Commitments	by	Offense	Type,	2007	vs	2016	
15,000	
10,000	

	11,073		
	10,576		
	9,052		
	8,862		

	11,829		
	6,379		

5,000	

	5,930		
	4,184		

0	
Violent	

Property	
2007	

Drugs	

Other	

2016	

	

	

Source:	CJI	Analysis	of	Prison	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Looking	at	additional	offenses	and	criminal	history,	just	under	half	(48	percent)	of	total	new	
court	commitments	to	prison	in	2016	had	no	current	or	prior	violent	offenses	on	their	record.	
	
Figure	13:	48	Percent	of	New	Court	Commitments	to	Prison	Have	No	Current	or	Prior	Violent	
Offense	
Prison	New	Court	Commitments	by	Current	or	Prior	
Violent	Offenses,	2016	

Current	or	Prior	
Violent,		14,616		

No	Current	or	
Prior	Violent,		
13,711		

	
Source:	CJI	Analysis	of	Prison	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Overall,	eight	of	the	top	ten	primary	offenses	are	nonviolent	(Table	1).	Despite	the	decline	in	
drug	offenses	coming	into	prison,	drug	offenses	still	make	up	three	of	the	top	ten	offenses	at	

	

14	

	
admission.ii	The	number	of	new	court	commitments	admitted	for	third	degree	possession	of	a	
controlled	substance	has	decreased	by	more	than	half	since	2007,	though	it	is	still	the	second	
most	common	offense	at	admission,	with	second	degree	sale/manufacturing/delivery,	also	
reduced	by	around	half,	coming	in	third.		
	
Meanwhile	burglary	of	a	dwelling	or	an	occupied	structure/conveyance	is	now	the	number	one	
crime	at	admission	after	rising	eight	percent	in	the	last	decade.	Trafficking	in	stolen	property	is	
up,	while	other	property	offenses	have	declined.	
	
Table	1:	Eight	of	the	Top	Ten	Offenses	at	Admission	are	Nonviolent	
Primary	Offense	
Burglary	of	a	Dwelling/Occupied	Structure/Conveyance	
Possession	of	Controlled	Substance	(3rd	Degree)	
Sale/Manufacturing/Delivery	of	Controlled	Substance	(2nd	
Degree)	
Traffic	In	Stolen	Property	
Felon/Delinquent	with	Gun/Concealed	
Weapon/Ammunition	
Burglary	of	an	Unoccupied	Structure/Conveyance-or	
Attempted	
Trafficking	in	Controlled	Substance	(1st	Degree)	
Grand	Theft,	$300-$5,000	
Robbery	with	a	Deadly	Weapon	
Robbery	

2007	 2016	 Change	
	2,171		 	2,352		
8%	
	4,417		 	1,965		 -56%	
	3,842		 	1,958		
	1,327		 	1,507		

-49%	
14%	

	1,037		 	1,500		

45%	

	1,953		
	1,560		
	1,389		
	986		
	919		

	1,194		
	1,190		
	973		
	832		
	608		

-39%	
-24%	
-30%	
-16%	
-34%	

Source:	CJI	Analysis	of	Prison	Admissions	and	Intake	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Length	of	Stay	
While	admissions	have	declined,	sentence	length	and	length	of	stay	in	prison	has	risen	over	the	
last	decade.	This	may	be	partially	due	to	the	reduction	in	lower-level	offenders	coming	in	to	
prison,	although	there	are	indications	it	may	also	be	driven	by	increased	sentences	within	
certain	offense	types	and	offenses,	for	example	burglary	of	a	dwelling	or	occupied	structure	
and	trafficking	in	stolen	property,	which	had	both	increased	admissions	and	average	sentence	
length.	
	
For	newly	sentenced	offenders,	the	average	sentence	length	has	risen	22	percent	in	the	last	
decade.	Length	of	stay	for	those	released	from	prison	has	risen	18	percent,	suggesting	there	is	
some	lag	between	the	new,	longer	sentences	coming	into	prison	and	who	is	being	released.		
	
																																																								
ii

	For	the	purposes	of	discussing	specific	offenses,	CJI	combined	all	drug	crimes	into	possession,	
sale/manufacturing/delivery,	or	trafficking	by	degree	(this	separates	drugs	which	are	treated	differently	in	terms	of	
penalty,	but	allows	a	clearer	view	of	the	impact	of	a	category	of	drug	charges	on	the	prison	population).	

	

15	

	
The	most	common	measure	of	length	of	stay	in	prison	is	the	time	from	admission	to	release	for	
everyone	who	gets	out	of	prison.	Length	of	stay	is	commonly	measured	for	first	releases,	or	
offenders	who	come	in	on	a	new	prison	sentence	rather	than	a	violation	of	post-release	
supervision.		
	
Figure	14:		Time	Served	in	Prison	Rose	18	Percent	in	Last	Decade	
Mean	Time	Served	by	First	Releases,	2007-2016	
(Months)	
Months	

50	
40	

41.6	
35.2	

30	
20	
2007	 2008	 2009	 2010	 2011	 2012	 2013	 2014	 2015	 2016	

	

	

Source:	CJI	Analysis	of	Prison	Release	Data	Provided	by	the	Florida	Department	of	Corrections	

The	increase	in	sentence	length	and	length	of	stay	is	not	limited	to	violent	crimes.	Both	
sentence	length	at	admission	and	length	of	stay	at	release	have	risen	across	all	offense	types.	
	
Figure	15:	Time	Served	Increased	Across	All	Offense	Types	
Mean	Time	Served	by	First	Releases	by	Offense	Type,	
2007	vs	2016	(Months)	

Months	

80	
60	

55.6	

62.2	
31.2	 33.5	

40	

26.4	

32.8	

22.6	

30.7	

20	
0	
Violent	

Property	
2007	

Drugs	
2016	

Other	

	

Source:	CJI	Analysis	of	Prison	Release	Data	Provided	by	the	Florida	Department	of	Corrections	

	
	

	

	

16	

	
Prison	Population	
As	a	result	of	the	declining	admissions	but	growing	length	of	stay	in	prison,	the	prison	
population	has	been	fairly	steady	over	the	last	ten	years.	Overall,	the	population	has	grown	
three	percent	in	the	last	decade.	Although	the	prison	population	has	declined	each	of	the	last	
two	years	and	is	projected	to	continue	declining	for	the	next	three	years,	it	is	projected	begin	
growing	again,	albeit	slowly,	in	Fiscal	Year	2020-2021.8	
	
Figure	16:	Florida	Prison	Population	Mostly	Steady	Over	Last	Decade	

Prison	PopulaWon	

Florida	Prison	PopulaWon,	2007-2016	
	120,000		
	100,000		

	95,042		

	97,870		

	80,000		
	60,000		
	40,000		
2007	 2008	 2009	 2010	 2011	 2012	 2013	 2014	 2015	 2016	

	

iii

Source:	CJI	Analysis	of	Prison	Status	Population	Data	Provided	by	the	Florida	Department	of	Corrections 	
	

	

																																																								
iii
	Figure	16	shows	the	custody	population	as	recorded	in	FDC’s	“status	population	file”	on	December	31	of	each	

year	2007-2016.	Figure	1	showed	the	total	jurisdictional	population	in	December	of	each	year	reported	by	FDC	to	
the	Bureau	of	Justice	Statistics	through	2015.	Jurisdiction	counts	may	include	prisoners	held	outside	the	state	and	
prisoners	in	certain	types	of	confined	community	settings	who	are	not	included	in	the	custody	population	count.	

	

17	

	
Figure	17:	Fewer	than	Half	of	Counties	Reduced	Prison	Bed	Use	

Percentage	Change	in	Prison	
Population,	2007-2016	

Source:	CJI	Analysis	of	Prison	Status	Population	Data	Provided	by	the	Florida	Department	of	Corrections	
	
	

	

Beneath	the	steady	prison	population	numbers	lie	significant	changes	in	the	composition	of	the	
prison	population.	Geographically,	more	prisoners	are	now	coming	from	counties	in	central	and	
northeastern	Florida,	with	southern	Florida	counties	and	most	panhandle	counties	reducing	
their	prison	use,	in	some	cases	significantly	(see	Figure	17).		
	
Overall,	29	of	67	counties	reduced	their	use	of	prison.	Duval	County	now	has	the	most	people	in	
prison	of	any	county	in	the	state,	up	35	percent	from	2007,	while	Miami-Dade,	which	used	to	
be	the	top	contributor,	has	reduced	the	number	of	people	in	prison	by	eight	percent	due	to	
drastically	curtailed	admissions.		
	
	

	

18	

	
The	mix	of	offense	types	within	the	prison	population	has	also	changed	in	the	last	decade.	
Commensurate	with	the	reduction	in	admissions	for	drug	offenses,	there	are	now	fewer	drug	
offenders	in	prison	than	in	2007.	At	the	same	time,	the	number	of	property	and	violent	
offenders	has	grown.	
	
Figure	18:	The	Number	of	Property	and	Violent	Offenders	in	Prison	Grew	in	Last	Decade	

Prison	PopulaWon	

Prison	PopulaWon	by	Primary	Offense	Type,	2007	vs	
2016	
60,000	
40,000	
20,000	
0	
Violent	

Property	
2007	

Drugs	

Other	

2016	

	

Source:	CJI	Analysis	of	Prison	Status	Population	Data	Provided	by	the	Florida	Department	of	Corrections	

	
Overall,	39	percent	of	the	current	prison	population	does	not	have	any	violent	crime	related	to	
their	current	confinement.	When	adding	in	past	crimes,	29	percent	of	the	prison	population	or	
just	over	27,000	people	in	prison	have	no	current	or	prior	violent	crimes.iv	
	
Figure	19:	29	Percent	of	Prison	Population	Has	No	Current	or	Prior	Violent	Crime	
Prison	PopulaWon	by	Current	and	Prior	Violent,		
Dec	31	2016	

No	Current	or	
Prior	Violent,		
27,212		

Current	or	Prior	
Violent,		66,667		

	

Source:	CJI	Analysis	of	Prison	Status	Population	Data	Provided	by	the	Florida	Department	of	Corrections	

																																																								
iv

	

	Four	percent	of	the	prison	population	could	not	be	matched	to	past	records	and	is	excluded	from	this	count.	

19	

	
	

One	reason	that	average	sentence	length	for	new	court	commitments	has	grown	faster	than	
average	length	of	stay	for	people	released	from	prison	is	that	offenders	with	longer	sentences,	
including	many	life	sentences,	are	being	admitted	to	prison	but	not	being	released.	In	
December	2016,	the	average	prisoner	had	already	served	71	months	in	prison	and	had	75	
months	remaining	until	his	or	her	tentative	release	date,	compared	to	52	months	served	so	far	
for	the	average	prisoner	in	December	of	2007,	and	64	months	until	tentative	release.	
	
Along	with	this	stacking	effect	and	the	growth	of	violent	offenders	in	prison,	the	prison	
population	has	become	older	over	time.	While	offenders	aged	35-49	make	up	the	largest	group	
in	Florida’s	prisons,	“elderly	offenders,”	defined	in	statute	as	age	50	or	older,	make	up	the	
fastest	growing	portion	of	the	population.	
	
Figure	20:	The	Number	of	18-24	Year	Olds	in	Prison	Has	Fallen	While	the	Number	Age	50	or	
Older	Has	Grown	

Prison	PopulaWon	

Prison	PopulaWon	by	Age	Category,	2007	vs	2016	
50,000	
40,000	
30,000	
20,000	
10,000	
0	
18-24	

25-34	

35-49	

50	and	Over	

Age	Category	
2007	

2016	

	

Source:	CJI	Analysis	of	Prison	Status	Population	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Finally,	while	the	number	of	Hispanic	inmates	has	been	growing	slightly	over	the	last	decade,	
black	non-Hispanic	inmates	still	make	up	almost	half	of	the	2016	prison	population	(47	percent)	
compared	to	just	17	percent	of	the	Florida	resident	population	in	2015.	
	

	

20	

	
Figure	21:	Black,	Non-Hispanic	Inmates	Make	Up	Just	Under	Half	of	Prison	Population	

Prison	PopulaWon	

Prison	PopulaWon	by	Race/Ethnicity,	2007	vs	2016	
50,000	
40,000	
30,000	
20,000	
10,000	
0	
White,	Non-Hispanic	 Black,	Non-Hispanic	
2007	

Hispanic	

2016	

	

Source:	CJI	Analysis	of	Prison	Status	Population	Data	Provided	by	the	Florida	Department	of	Corrections	

Community	Supervision	Trends	
	
Over	the	past	decade,	the	statewide	population	of	individuals	on	any	kind	of	community	
supervision,	including	probation	or	post-prison	release	supervision,	has	declined	gradually,	
mirroring	declines	in	felony	filings	and	sentences	to	prison.				
	
Figure	22:	Community	Supervision	Population	Declined	11	Percent	in	Last	Decade	

Community	Supervision	PopulaWon	by	Year,	
2007-2016	
180,000	
160,000	

153,692	
136,956	

140,000	
120,000	
100,000	

		

2007	 2008	 2009	 2010	 2011	 2012	 2013	 2014	 2015	 2016	

Source:	Florida	Department	of	Corrections	2015-2016	Agency	Statistics	

	

	

Similarly,	new	admissions	to	community	supervision	have	decreased	consistently	since	2007	at	
a	slightly	slower	rate	than	prison	admissions	(22	percent	versus	28	percent).	
	

	

21	

	
Figure	23:	Community	Supervision	Admissions	Declined	22	Percent	in	Last	Decade	

Community	Supervision	Admissions,	FY2006-FY2015	
130,000	
110,000	

107,203	
83,176	

90,000	
70,000	
50,000	

FY	06	 FY	07	 FY	08	 FY	09	 FY	10	 FY	11	 FY	12	 FY	13	 FY	14	 FY	15	 	

Source:	Florida	Department	of	Corrections	2015-2016	Agency	Statistics	
	

	

Key	Findings	
	
•
•
•
•

Florida’s	crime	rate	has	declined	close	to	30	percent	since	its	peak	in	1988	
The	decline	in	reported	crimes	and	arrests	led	to	commensurate	declines	in	felony	
charges,	particularly	among	third	degree	felonies	
Prison	admissions	dropped	28	percent,	driven	by	a	39	percent	decline	in	probation	
revocations	
18	percent	growth	in	length	of	stay	balanced	out	the	effect	of	the	admissions	decline	
on	the	prison	population,	leading	to	an	overall	stable	prison	population	in	the	last	
decade	

	
	
The	following	sections	of	the	report	take	a	deeper	look	at	the	trends	highlighted	above.	The	
remainder	of	the	report	examines	laws,	policies,	and	practices	that	have	contributed	to	the	
these	trends,	including:		
• exploring	the	reduction	in	admissions	through	the	use	of	alternatives	to	incarceration	
and	changes	in	revocation	policy	and	practice,	
• how	enhancements	and	mandatory	minimums	may	be	contributing	to	the	growth	in	
sentence	lengths,	
• sentencing	laws	and	practices	for	common	property	and	drug	crimes,	
• further	information	about	elderly	prisoners,	and	
• a	look	at	release	and	reentry	programs	and	recidivism.	
	
		

	

22	

	

PRISON	ADMISSIONS	
	
In	Florida,	sentencing	decisions	are	driven	primarily	by	the	use	of	the	states’	sentencing	
guidelines,	known	as	the	Criminal	Punishment	Code	(CPC).	In	this	section,	we	review	the	
sentencing	guidelines	used	by	the	state,	alternatives	to	incarceration	available	to	judges	and	
trends	in	their	use,	trends	in	the	use	of	revocations	from	supervision	and	year	and	a	day	prison	
sentences,	exceptions	from	the	guidelines	in	the	form	of	mandatory	minimums	and	
enhancements,	and	sentences	and	trends	for	common	property	and	drug	crimes.	

Sentencing	Guidelines	Overview		
	
In	1983,	Florida	established	sentencing	guidelines	with	the	goal	of	ensuring	uniform	sentencing	
across	the	state.	Since	the	sentencing	guidelines	were	first	enacted,	they	have	undergone	three	
major	revisions	in	1994,	1995,	and	1997.9	In	the	last	major	revision	in	1997,	the	Criminal	
Punishment	Code	(CPC)	was	established,	applying	to	all	felonies,	except	capital	felonies,	
committed	on	or	after	October	1,	1998.10		
	
Under	the	CPC,	every	defendant	charged	with	a	non-capital	felony	has	a	CPC	worksheet	
completed	prior	to	sentencing	to	determine	the	lowest	permissible	sentence	that	can	be	
imposed	by	the	judge.11	The	lowest	permissible	sentence	is	based	on	the	total	sentencing	
points	the	defendant	is	awarded,	which	in	turn	is	based	on	the	primary	offense,	additional	
offenses,	the	defendant’s	criminal	history,	and	other	considerations	such	as	violations	
committed,	and	offense	or	sentencing	enhancements.12	Each	offense	is	assigned	a	severity	level	
from	1	to	10,	and	a	corresponding	point	value.	The	offense	with	the	highest	total	sentencing	
points	is	the	primary	offense.	
	
The	CPC	allows	for	greater	discretion	than	the	previous	sentencing	guidelines	used	by	the	state	
but	expands	the	range	of	defendants	who	can	receive	a	prison	sentence.	Under	the	previous	
guidelines,	only	offenders	with	a	total	sentencing	score	of	52	points	or	more	could	receive	a	
prison	sentence.	Under	the	CPC,	it’s	possible	for	any	felony	offender	to	receive	a	prison	
sentence.13	
	
Total	sentencing	scores	are	grouped	into	four	major	categories	based	on	the	recommended	
sentence.	In	2009,	the	state	expanded	the	use	of	non-state	prison	sanctions	that	can	be	
ordered	by	the	judge	but	limited	the	use	of	these	sanctions	to	third	degree	felonies.	Non-state	
prison	sanctions	include	probation,	community	control,	drug	court,	and	other	alternatives	to	
incarceration	described	in	the	following	section.	
	
	
	

	

23	

	
Table	2:	Sanction	by	Total	Point	Category	
Point	Total	
22	Points	or	Less	

Suggested	Sanction	
Presumptive	non-state	prison	sanction	if	the	defendant	is	
convicted	of	a	nonviolent	third-degree	felonyv	
	
Non-state	prison	sanction	or	state	prison	for	all	other	
offenses	at	the	discretion	of	the	sentencing	judge	
Non-state	prison	sanction	or	state	prison	at	the	discretion	of	
the	sentencing	judge	
State	prison,	except	for	the	following	situations:14	
• Prison	diversion	program	if	the	total	points	are	48	or	
less	(or	54	points	or	less	and	six	points	are	for	a	
technical	violation	of	community	supervision)	AND	
primary	offense	is	a	nonviolent	third-degree	felony		
• Post-adjudicatory	drug	court	or	drug	offender	
probation	if	the	total	points	are	60	or	less	AND	
primary	offense	is	a	third-degree	felony	or	second	
degree	drug	purchase	or	possession	offense	
State	prison	

22.1-44	Points	
44.1-60	Points	

60.1	or	More	Points	
	
Over	the	last	decade,	the	number	of	scoresheets	filed	with	total	sentencing	points	in	the	lower	
ranges	has	fallen,	while	the	number	of	high-scoring	sheets	has	remained	steady	(Figure	24).	
This	is	driven	by	the	decline	in	filings	for	third	degree	felonies	discussed	above.		
	
Figure	24:	Decline	in	Felony	Cases	with	Lower	Sentencing	Point	Totals	

Sentencing	Scoresheets	

Sentencing	Scoresheets	by	Total	Point	DistribuWon,	2006	
vs	2015	
60,000	
40,000	
20,000	
0	
22	or	Under	

23-44	
2006	

45-60	

61	or	Above	

Total	Points	
2015	

	

Source:	CJI	Analysis	of	Sentencing	Scoresheet	Data	Provided	by	the	Florida	Department	of	Corrections	

																																																								
v

	Exclusions	include	if	the	primary	offense	is	a	forcible	felony,	even	if	the	severity	level	allows	it	to	fall	into	this	
point	range.	Judges	can	also	depart	from	the	presumptive	non-prison	sentence	if	the	non-prison	sanction	could	
present	a	danger	to	the	public.	

	

24	

	
	
A	downward	departure,	or	a	sentence	lower	than	the	recommended	sentence,	can	be	ordered	
by	the	judge	upon	a	finding	that	certain	mitigating	factors	justify	the	departure.15	Mitigating	
factors	that	can	be	used	to	justify	a	downward	departure	are	listed	in	statute,	however	the	
judge	is	not	limited	to	the	factors	specifically	listed.16	The	one	exception	relates	to	a	
defendant’s	substance	abuse	addiction,	including	intoxication	at	the	time	of	the	offense.	The	
court	is	prohibited	from	considering	substance	abuse	as	a	mitigating	factor	justifying	downward	
departure,	except	when	determining	eligibility	for	the	post-adjudicatory	drug	court	program.17	
	
The	recommended	sentence	for	offenders	receiving	45	or	more	total	sentencing	points	is	state	
prison,	although	in	certain	cases	other	sanctions	are	permitted	(Table	2).	As	shown	in	Figure	25,	
many	offenders	falling	in	this	range	received	less	serious	sanctions.	In	2015,	48	percent	of	
defendants	in	the	45-60	point	range	received	prison	sentences	as	did	69	percent	of	defendants	
in	the	61	or	above	category,	meaning	that	over	30	percent	of	defendants	in	the	61	or	above	
category	did	not	receive	prison	sentences.		
	
Despite	these	departures,	it	is	clear	that	the	sentencing	guidelines	have	an	impact	on	sentences	
given	the	clear	differentiation	between	the	groups.	
	
Figure	25:	Sentencing	Point	Totals	Drive	Sentences,	With	Significant	Downward	Departures	

Share	of	Sentence	Types	

Sentence	Types	by	Total	Points,	New	Sentences	Only,	2015	
100%	
80%	
60%	

Probalon	

40%	

Community	Control	

20%	

County	Jail	

0%	
22	or	
Under	

23-44	

45-60	

61	or	
Above	

State	Prison	

Total	Points	

	

Source:	CJI	Analysis	of	Sentencing	Scoresheet	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Under	the	CPC,	the	lowest	permissible	state	prison	sentence	is	based	on	the	total	number	of	
sentencing	points.	The	maximum	sentence	is	based	on	the	felony	degree	assigned	to	the	
primary	offense	(Table	3).	However,	if	a	defendant	is	being	sentenced	for	a	mandatory	
minimum,	the	mandatory	minimum	trumps	the	guideline	recommendation.	Florida	has	at	least	
108	crimes	with	mandatory	minimums,	discussed	in	further	detail	in	the	mandatory	minimum	
and	enhancements	section	below.18	
	
	

	

25	

	
Table	3:	Felony	Classifications	
Felony	Degree	
Life	Felony	
st
1 	Degree	
nd
2 	Degree	

Maximum	Sentence	
Life	
30	Years	
15	Years	

rd

3 	Degree	

5	Years	

	
Average	sentence	lengths	for	those	offenders	who	do	receive	a	prison	sentence	have	grown	22	
percent	over	the	last	decade,	from	59.5	months	to	72.9	months.	This	is	a	large	increase,	but	it	is	
partially	explained	by	the	change	in	which	types	of	offenders	are	being	sentenced	to	prison.	
Individuals	sentenced	to	prison	in	2016	are,	on	average,	convicted	of	more	serious	crimes.	
These	changes	are	explored	further	in	the	following	sections	on	alternatives	to	incarceration,	
year	and	a	day	sentences,	and	probation	revocations,	all	of	which	reflect	changes	in	how	
individuals	are	sentenced	in	Florida	compared	to	a	decade	ago.		
Figure	26:	For	Those	Sentenced	to	Prison,	the	Average	Length	of	Sentence	Increased	22	
Percent	in	Last	Decade	
Mean	Total	Sentence	for	New	Court	Commitments	to	
Prison,	2007-2016	
Months	

100	

59.5	

72.9	

50	
0	
2007	 2008	 2009	 2010	 2011	 2012	 2013	 2014	 2015	 2016	

		

Source:	CJI	Analysis	of	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	

	
The	change	in	who	is	coming	to	prison	does	not	tell	the	full	story.	Sentences	have	increased	for	
all	offense	types,	and	as	discussed	further	below,	for	certain	offenses	where	there	was	no	
reduction	in	admissions.		

	

26	

	
Figure	27:	Sentence	Lengths	Rose	for	All	Offense	Types	
Mean	Total	Sentence	by	Offense	Type	for	New	Court	
Commitments	to	Prison,	2007	vs	2016	(Months)	

Months	

150	

102.8	111.9	

100	
50	

37.5	 42.4	

33.6	 38.5	

32.0	 40.2	

Property	

Drugs	

Other	

0	
Violent	

2007	

2016	

	
Source:	CJI	Analysis	of	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	
	

		

Key	Findings	
	
•

•
•

Most	felony	sentences	in	Florida	are	based	on	sentencing	guidelines	that	factor	in	
primary	and	secondary	offenses,	criminal	history,	violations,	and	enhancements	to	
come	up	with	a	recommended	sentence	
In	the	last	decade,	the	number	of	new	sentences	scoring	in	the	lower	points	ranges	
has	fallen	
Average	sentence	length	for	those	offenders	receiving	prison	sentences	has	grown,	
partially,	but	not	entirely,	driven	by	the	change	in	felony	charges		

	
Alternatives	to	Incarceration	
	
Prison	admissions	are	often	reduced	by	expanding	the	use	of	alternatives	to	incarceration.	
These	alternatives	are	other	sanctions,	often	involving	community	supervision,	given	in	lieu	of	a	
prison	sentence.	There	are	four	main	alternatives	to	incarcerations	in	use	in	Florida:	probation,	
community	control,	drug	offender	probation,	or	problem	solving	courts.		
	
Probation	is	a	form	of	community	supervision	that	is	often	used	for	low-level	offenses.	Any	
defendant	convicted	of	a	felony	who	meets	the	requirements	for	a	non-state	prison	sanction,	
as	described	above,	may	be	placed	on	probation	where	he	or	she	will	be	supervised	by	the	
Florida	Department	of	Corrections	(FDC).	If	the	offender	violates	the	terms	or	conditions	of	
probation,	the	court	is	authorized	to	impose	any	sentence	that	it	could	have	imposed	at	the	
	

27	

	
defendant’s	original	sentencing.	This	is	the	most	common	form	of	alternative	to	incarceration	in	
Florida	(see	Figures	28	and	30).	
	
Community	control	is	a	form	of	intensive	community	supervision	that	is	typically	used	as	an	
alternative	to	incarceration	for	offenders	who	qualify	for	a	non-state	prison	sanction	but	do	not	
qualify	for	probation.19	It	can	also	be	used	as	a	sanction	for	individuals	who	violate	the	terms	of	
their	supervision.	Individuals	placed	on	community	control	are	typically	restricted	to	their	
homes	with	the	exception	of	employment.				
	
Drug	offender	probation	is	a	form	of	intensive	supervision	directed	towards	offenders	with	a	
chronic	substance	abuse	addiction.	While	most	of	the	alternatives	to	incarceration	are	limited	
to	third	degree	felonies,	individuals	convicted	of	a	second-degree	felony	for	purchase	or	
possession	of	a	controlled	substance	can	be	placed	on	drug	offender	probation.	Individuals	
placed	on	drug	offender	probation	are	subject	to	all	of	the	regular	standard	conditions	of	
supervision	and	some	special	conditions	which	can	often	include	inpatient	or	outpatient	
substance	abuse	treatment,	frequent	drug	testing	and	curfew	restrictions.		
	
Figure	28:	Regular	Probation	is	the	Most	Commonly	Used	Alternative	to	Incarceration	

Admissions	

Admissions	to	Community	Supervision	Programs,	
FY2015-2016	
60,000	
50,000	
40,000	
30,000	
20,000	
10,000	
0	

	50,474		

Probalon	

	9,322		

	6,064		

Drug	Offender	
Probalon	

Community	Control	

Source:	Florida	Department	of	Corrections	FY2015-2016	Annual	Report		

	

	
Problem-solving	courts	are	intensive,	court-focused	forms	of	supervision	geared	towards	
specialized	populations.	Currently,	there	are	107	problem-solving	courts	available	to	adult	
felony	offenders:	46	drug	courts,	4	DUI	courts,	27	mental	health	courts,	and	30	veterans	courts.	
	
Drug	courts	are	the	problem-solving	court	used	most	often	in	Florida	and	are	available	both	
pre-adjudication	and	post-adjudication.	Typically	drug	court	participation	is	limited	to	
nonviolent	offenders	with	an	assessed	substance	abuse	treatment	need.	There	is	currently	no	
standardized	screening	tool	to	determine	this	need	used	statewide.		
	
While	state-run	alternatives	to	incarceration	such	as	probation	and	community	control	are	
available	across	the	state,	availability	of	problem-solving	courts	is	inconsistent,	with	access	
	

28	

	
depending	on	capacity	and	funding	within	court	circuits.	As	Figure	29	shows,	many	of	the	
counties	that	send	individuals	to	prison	at	the	highest	rates	have	little	or	no	adult	felony	drug	
court	availability.	This	may	be	driven	by	the	small	size	of	some	of	these	counties	and	the	lack	of	
services	or	funding	in	more	rural	areas	of	the	state.	
	
Figure	29:	Counties	with	Lower	Prison	Admission	Rates	Have	More	Adult	Felony	Drug	Court	
Admissions	

Drug	Court	Admissions	vs	Prison	
Admissions	per	100,000	Residents	

	

Source:	CJI	Analysis	of	Problem-Solving	Court	Data	Provided	the	Office	of	the	State	Courts	Administrator	and	Prison	
Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	

	

	

29	

	
	
Trends	in	Use	of	Alternatives	to	Incarceration	
Over	the	last	decade,	Florida	has	successfully	moved	lower-level	offenders	(in	terms	of	offense	
severity	levels	and	criminal	history	points)	away	from	state	prison	sentences.	Some	of	this	shift	
away	from	prison,	as	discussed	above,	is	the	result	of	fewer	felony	filings	and	convictions.	
Additionally,	there	has	been	a	reduction	in	the	use	of	state	prison	as	a	sanction	for	offenders	
with	drug	and	property	crimes.	Instead,	nonviolent	offenders	are	more	likely	to	be	sentenced	to	
a	stay	in	county	jail	(Figure	30).	

Share	of	Crime	Scoresheets	

Sentences	as	a	Percentage	of	Drug	
Crime	Scoresheets,	New	Sentences	
Only,	2011	vs	2015	
100%	

Probalon	

80%	
Community	
Control	

60%	
40%	

County	Jail	

20%	
0%	
2011	

2015	

State	Prison	

Share	of	Crime	Scoresheets	

Figure	30:	Property	and	Drug	Offenders	Less	Likely	to	Be	Sentenced	to	Prison,	More	Likely	to	
Receive	Jail	Time	
Sentences	as	a	Percentage	of	
Property	Crime	Scoresheets,	New	
Sentences	Only,	2011	vs	2015	
100%	

Probalon	

80%	
60%	

Community	
Control	

40%	

County	Jail	

20%	
0%	
2011	

2015	

State	Prison	

Source:	CJI	Analysis	of	Sentencing	Scoresheets	Data	Provided	by	the	Florida	Department	of	Corrections	
	

		

The	scoresheet	data	only	shows	major	categories	of	sanctions	and	therefore	does	not	fully	flesh	
out	the	picture	of	which	alternatives	to	incarceration	are	being	used	and	how	that	has	changed	
over	time.	In	particular,	problem-solving	court	admissions	are	not	included	in	the	scoresheet	
data,	likely	because	many	problem-solving	courts	are	pre-adjudication.	Post-adjudication	
problem-solving	courts	may	be	marked	as	probation	sentences.		
	
The	Office	of	the	State	Court	Administrator	was	able	to	share	data	on	admissions	for	certain	
types	of	problem-solving	courts.	Florida’s	adult	felony	problem-solving	courts	admitted	over	
6,000	offenders	in	2015.vi	Participation	in	drug	courts	has	declined	considerably	since	2010,	
possibly	driven	by	the	decrease	in	drug	arrests	and	charges	discussed	above.	
	

																																																								
vi
	The	Office	of	the	State	Courts	Administrator	was	not	able	to	provide	admissions	counts	for	mental	health	courts.		
	

30	

	
Figure	31:	Problem-Solving	Court	Admissions	Decline	Since	2010	
Problem-Solving	Court	Admissions	by	Court	Type,		
2010-2015	
Admissions	

8,000	

7,565	
4,777	

6,000	
4,000	
2,000	

1,172	
173	

195	

0	
2010	

2011	

Adult	Drug	Court	

2012	
DUI	Court	

2013	

2014	

2015	

Veterans	Court	

	

Source:	CJI	Analysis	of	Problem-Solving	Court	Data	Provided	the	Office	of	the	State	Courts	Administrator		
	

While	lower-severity	crimes	may	be	less	likely	to	receive	a	prison	sentence	under	the	
guidelines,	these	offenses	still	have	an	impact	on	the	state	prison	population.	For	instance,	only	
seven	percent	of	offenders	with	a	primary	offense	of	simple	possession	of	a	controlled	
substance	received	a	prison	sentence	compared	to	73	percent	of	offenders	with	a	primary	
offense	of	trafficking	in	a	controlled	substance.	Because	the	overall	pool	of	possession	
offenders	is	much	larger,	there	were	still	a	higher	number	of	simple	possession	offenders	
sentenced	to	prison	under	the	guidelines	in	2015	(929	compared	to	892	for	trafficking20).	
	
Figure	32:	Crimes	with	a	Low	Rate	of	Prison	Sentences	Can	Still	Impact	the	Population	
Sentence	Types	by	Offense,	New	Sentences	Only,	2015	
Sale/Manufacturing/Delivery	
Burglary	of	a	Dwelling/Occupied	
Simple	Possession	
Trafficking	
Burglary	of	an	Unoccupied	Structure	
Felon/Delinquent	with	Gun	
Traffic	In	Stolen	Property	
Grand	Thej,	$300-$5,000	

0	
State	Prison	

County	Jail	

2,500	 5,000	 7,500	 10,000	 12,500	 15,000	
New	Prison	Sentences	
Community	Control	
Probalon	

	

Source:	CJI	Analysis	of	Sentencing	Scoresheets	Data	Provided	by	the	Florida	Department	of	Corrections	

	

31	

	
	

Key	Findings	
	
•
•
•
•

Counties	with	higher	prison	admission	rates	have	lower	drug	court	admissions,	
possibly	due	to	their	small	size	and	lack	of	resources	
The	number	of	new	admissions	to	drug	court	has	declined	since	2010	
Drug	and	property	offenders	are	less	likely	to	be	sentenced	to	prison,	but	more	likely	
to	be	sentenced	to	county	jail,	than	five	years	ago	
Due	to	the	overall	large	number	of	convictions	for	certain	crimes,	even	offenses	
which	rarely	receive	prison	sentences	can	impact	the	prison	population		

	
Responses	to	Violations		
	
In	2016,	revocations	from	supervision	made	up	39	percent	of	total	admissions	to	prison.	This	
section	examines	how	practices	in	the	community	have	impacted	the	number	and	type	of	
revocations	to	prison.	
	
Upon	placement	on	supervision,	offenders	are	required	to	adhere	to	certain	terms	and	
conditions	ordered	by	the	sentencing	judge	or	the	Florida	Commission	on	Offender	Review	
(FCOR),	formally	known	as	the	Florida	Parole	Commission.	These	terms	and	conditions	often	
include	regular	reporting	to	the	probation	and	parole	officer,	maintaining	employment,	drug	
testing,	and	completing	programming	and	treatment	requirements.	FDC	is	responsible	for	
monitoring	the	terms	and	conditions	of	an	individual’s	community	supervision	and	informing	
the	court	or	FCOR	of	any	violation	of	these	terms	and	conditions.	
	
Over	the	last	10	years,	FDC’s	responses	to	technical	violations	of	the	terms	and	conditions	of	
supervision	have	changed	significantly.	Prior	to	2003,	FDC	parole	and	probation	officers	were	
given	the	discretion	to	determine	whether	an	offender	committed	a	willful	violation	of	the	
terms	and	conditions	of	supervision	before	reporting	the	violation	to	the	releasing	authority.	In	
March	2003,	in	response	to	a	few	high	profile	crimes,	FDC	implemented	what	was	known	as	the	
“zero-tolerance	policy.”	FDC’s	zero-tolerance	policy	required	parole	and	probation	officers	to	
report	every	violation	to	the	court,	regardless	of	the	severity	of	the	violation	or	if	the	violation	
was	a	willful	violation.	In	addition,	violation	reports	that	were	submitted	to	the	sentencing	
judge	or	FCOR	under	the	zero-tolerance	policy	often	requested	that	a	warrant	be	issued.21		
	
In	2006,	FDC	again	changed	its	policy	regarding	responding	to	violations	and	gave	parole	and	
probation	officers	discretion	in	responding	to	violations,	requiring	only	willful	technical	
violations	be	reported	to	the	court	or	FCOR.	Since	then	the	number	of	revocations	to	prison	has	
dropped	significantly.	The	number	of	offenders	coming	in	as	probation	revocations	dropped	39	
	

32	

	
percent,	while	the	number	of	returns	for	violations	of	post-release	supervision	dropped	36	
percent.	In	both	cases	the	major	drop	came	in	the	years	immediately	following	the	policy	
change.	
	
Figure	33:	Revocations	from	Court	Dropped	39	Percent	in	Last	Decade	
Prison	Admissions	by	Type,	2007-2016	

Admissions	

20,000	

	16,950		

15,000	

	10,308		

10,000	
5,000	

	2,175		

	1,401		

0	
2007	 2008	 2009	 2010	 2011	 2012	 2013	 2014	 2015	 2016	
Probalon	Revocalon	

Release	Revocalon	

	

Source:	CJI	Analysis	of	Prison	Admissions	and	Intake	Data	Provided	by	the	Florida	Department	of	Corrections	

	
Property	offenders	are	most	likely	to	enter	prison	as	a	revocation.	In	2016,	44	percent	of	
property	offenders	sentenced	to	prison	entered	as	probation	revocations,	compared	to	35	
percent	of	drug	offenders.	
	
Figure	34:	44	Percent	of	Property	Offenders	Admitted	to	Prison	as	Probation	Revocations	

New	Court	Commitments	

New	Court	Commitments	by	Admission	Type	and	
Offense	Type,	2016	
10,000	
8,000	

Probalon	
Revocalon	

6,000	
4,000	

Newly	Sentenced	
Prisoner	

2,000	
0	
Violent	

Property	

Drugs	

Other	

	

Source:	CJI	Analysis	of	Prison	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections.	
	

Around	70	percent	of	scoresheets	filled	out	for	offenders	who	were	previously	on	supervision	
resulted	in	some	type	of	incarceration	sanction.	For	nonviolent	property	and	drug	offenders	
who	were	previously	on	supervision,	county	jail	was	the	most	common	sentence	given,	
followed	by	prison.	Compared	to	nonviolent	offenders	receiving	new	sentences	(those	not	
	

33	

	

Share	of	Sentence	Outcomes	

previously	under	supervision),	those	being	revoked	were	more	likely	to	be	sent	to	prison	(30	
percent	compared	to	20	percent	of	new	sentences	for	nonviolent	crimes).	
	
Figure	35:	Close	to	Two-Thirds	of	Nonviolent	Offenders	Previously	on	Supervision	Receive	
Some	Incarceration	Sanction	
Sentences	Given	for	Offender	Under	Supervision	When	
Sentencing	Scoresheet	Filed	by	Primary	Offense	Type,	
2015	
100%	
80%	

Probalon	

60%	

Community	Control	

40%	

County	Jail	

20%	

State	Prison	

0%	
Violent	 Property	

Drugs	

Other	

	

Source:	CJI	Analysis	of	Sentencing	Scoresheet	Data	Provided	by	the	Florida	Department	of	Corrections	

Although	none	of	the	available	data	directly	indicates	whether	a	probation	revocation	is	for	a	
new	crime	or	a	technical	violation,	the	number	of	sentencing	points	awarded	gives	an	
indication.	Six	points	are	awarded	for	a	technical	violation	and	twelve	points	are	awarded	for	a	
new	conviction	while	on	supervision.	Of	the	30,000	sentencing	scoresheets	filed	for	those	
already	under	supervision	in	2015,	22	percent	had	no	community	sanction	violation	points,	40	
percent	had	six	points,	and	the	remaining	39	percent	had	12	or	more	points.	The	40	percent	
with	only	six	points	are	most	likely	technical	violations.	Of	those	with	six	violation	points,	23	
percent	were	sentenced	to	state	prison,	compared	to	46	percent	of	those	with	more	points.	
For	offenders	serving	post-prison	release	supervision,	a	revocation	or	return	to	prison	may	be	
for	a	short	period	either	because	it	is	in	response	to	a	low-level	violation	or	because	there	is	
little	time	remaining	on	these	sentences.	That	said,	average	time	served	among	prisoners	readmitted	following	technical	violations	of	post-prison	release	supervision	has	increased	
considerably	over	the	past	decade.		
Time	served	for	individuals	returning	to	prison	after	conditional	release	violations	has	more	
than	tripled	from	2.5	to	8.1	months,	while	time	served	for	other	post-prison	release	supervision	
violations,	such	as	control	release	or	parole,	has	more	than	doubled	from	1.6	to	4.5	months.	In	
both	cases,	FCOR	determines	the	need	for	a	return	to	prison	and	the	length	of	stay,	subject	to	
time	left	on	the	offender’s	sentence.	
If	an	individual	is	revoked	from	parole,	conditional	release,	control	release,	probation	or	
community	control,	all	time	off	their	sentence	earned	prior	to	release	is	automatically	forfeited.	
However,	individuals	revoked	back	to	prison	are	eligible	to	earn	new	time	to	reduce	their	
revoked	sentence.22	
	

34	

	
	
Figure	36:	Time	Served	for	Conditional	Release	Violations	More	Than	Tripled	in	Last	Decade	

Mean	Time	Served	by	Technical	RevocaWon	Type,	
2007	vs	2016	
8.1	

10	
5	

4.5	

2.5	

1.6	

0	
Condilonal	Release	Violalon	
2007	

Other	Post-Release	Supervision	
Violalon	
2016	

		

Source:	CJI	Analysis	of	Prison	Release	and	Intake	Data	Provided	by	the	Florida	Department	of	Corrections	

	

Key	Findings	
	
•
•

•

Revocations	to	prison	have	dropped	significantly,	mostly	driven	by	the	repeal	of	the	
zero	tolerance	policy	to	violations	of	community	supervision		
Using	a	proxy	for	technical	violations,	it	appears	that	40	percent	of	sentences	for	
offenders	previously	under	supervision	have	only	a	technical	violation;	of	these	23	
percent	are	sentenced	to	prison	
While	violators	of	post-prison	release	supervision	come	back	into	prison	for	short	
periods,	the	length	of	these	violation	periods	has	grown	significantly	in	the	last	
decade	

	

Year-and-a-Day	Sentences	
	
One	of	the	reasons	that	admissions	declined	so	steeply	without	greatly	impacting	the	prison	
population	is	that	admissions	fell	primarily	among	lower-level	offenders	serving	short	periods	
of	time	in	state	prison,	while	admissions	with	longer	sentences	did	not	decline	and	the	lengths	
of	those	sentences	grew.	In	particular,	39	percent	of	the	overall	decline	in	admissions	was	
among	offenders	given	“year	and	a	day”	sentences.	These	366-day	sentences	are	the	minimum	
state	prison	sentence	someone	can	be	given.	By	the	time	an	offender	is	processed	into	state	
prison	and	credited	for	pretrial	jail	time,	he	or	she	may	serve	only	a	few	months	in	state	
custody.	Removing	these	individuals	from	the	prison	population	therefore	does	not	have	as	
significant	an	effect	on	the	prison	population	as	diverting	an	individual	with	a	longer	sentence.		
	

35	

	
	
The	use	of	this	type	of	sentence	has	declined	significantly	in	the	last	decade,	both	for	probation	
revocations	and	direct	sentences	to	prison.	In	2007,	17	percent	of	prison	admissions	were	for	
these	short	prison	sentences.	By	2016,	this	had	fallen	to	8	percent.	
	
37:	67	Percent	Drop	in	366	Day	Sentences	Drove	Significant	Portion	of	the	Admissions	Decline	

Admissions	

Prison	Admissions	by	Year-and-a-day	Sentences,		
2007-2016	
50,000	
40,000	
30,000	
20,000	
10,000	
0	

	7,059		
	2,351		

2007	 2008	 2009	 2010	 2011	 2012	 2013	 2014	 2015	 2016	
Longer	sentences	

Year	and	a	day	sentences	

	

Source:	CJI	Analysis	of	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Most	366	day	sentences	are	for	crimes	with	severity	levels	of	seven	and	below	such	as	
possession	of	a	controlled	substance,	or	low-value	grand	theft.	In	2007,	366	day	sentences	were	
most	commonly	given	to	drug	offenders,	but	now	property	offenders	are	most	likely	to	enter	
prison	on	this	type	of	sentence.	
	
While	these	sentences	dropped	across	the	state,	two	counties	account	for	a	significant	portion	
of	the	shift:	Hillsborough	and	Polk	Counties.	Both	counties	previously	sent	over	1,000	offenders	
a	year	to	state	prison	with	366-day	sentences,	and	both	now	send	fewer	than	400.	Figure	38	
shows	the	change	in	the	number	of	year	and	a	day	sentences	admitted	to	prison	in	2007	vs	
2016.	Eight	counties	in	the	state	are	now	sending	more	offenders	for	these	short	sentences,	
although	the	growth	is	small.	

	

36	

	
Figure	38:	A	Few	Counties	Account	for	Most	of	the	Reduction	in	Year-and-a-Day	Sentences	
	

Change	in	Year	and	a	Day	Sentences	
to	State	Prison,	2007-2016	

Source:	CJI	Analysis	of	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	
	

County	jail	populations	have	declined	in	the	last	decade	(see	Figure	7).	Anecdotal	information	
suggests	that	the	decline	in	366-day	sentences	may	coincide	with	the	availability	of	space	in	
county	jails	as	well	as	the	expansion	of	programs	designed	to	divert	revocations	and	provide	
more	local	services.	If	these	offenders	have	shifted	to	county	jail	sentences	rather	than	nonincarceration	sentences,	it	may	explain	the	uptick	in	sentences	to	county	jail	discussed	above.	
	

Key	Findings	
	
•
•

	

Year	and	a	day	sentences	have	declined	from	17	percent	of	prison	admissions	to	8	
percent	
Two	counties,	Hillsborough	and	Polk,	account	for	most	of	this	reduction	

37	

	

Enhancements	and	Mandatory	Minimums	
	
Enhancements	and	mandatory	minimum	sentences	have	a	significant	effect	on	the	Florida	
prison	population.	Almost	36,000	current	Florida	prisoners	were	sentenced	with	an	
enhancement	or	mandatory	minimum,	up	19	percent	from	2007.	These	enhancements	
primarily	impact	length	of	stay	in	prison,	leading	to	a	stacking	effect	where	offenders	come	in	
to	prison	but	do	not	leave	at	the	same	rate.		
	
Figure	39:	37	Percent	of	Offenders	in	Florida’s	Prisons	Were	Sentenced	Under	a	Mandatory	
Minimum	or	Enhancement	
Prison	PopulaWon	by	Enhancement	or	Mandatory	
Minimum,	2007	vs	2016	

Admissions	

100,000	
80,000	

	30,009		

	35,728		

60,000	
40,000	

Enhancement	or	MM	
	65,033		

	62,142		

2007	

2016	

20,000	

No	Enhancement	or	MM	

0	

	

	

Source:	CJI	Analysis	of	Prison	Population	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Florida	has	an	extensive	list	of	mandatory	minimum	sentences.	In	2016,	staff	from	Florida’s	
Senate	Committee	on	Criminal	Justice	conducted	an	inventory	of	mandatory	minimum	terms	in	
Florida	and	identified	108	offenses	that	carry	a	mandatory	minimum	sentence.23	Examples	
include:	fraud	of	motor	vehicle,	criminal	use	of	personal	identification,	and	lastly	drug	
trafficking,	which	carries	47	separate	mandatory	minimum	sentences.24	Anyone	found	guilty	of	
trafficking	in	a	controlled	substance	faces	a	minimum	three	year	mandatory	minimum	to	a	life	
sentence	depending	on	the	offense,	drug	type,	and	weight.		
	
Of	the	scoresheets	filed	with	a	primary	offense	carrying	a	mandatory	minimum,	74	percent	had	
a	minimum	permissible	sentence	below	the	mandatory	minimum,	meaning	they	may	have	
received	a	lower	sentence	if	sentenced	under	the	guidelines	alone.	These	cases	did	not	always	
result	in	an	enhanced	sentence,	however;	in	many	instances	mandatory	minimums	and	
enhancements	are	used	as	negotiating	tools	in	plea	deals	and	then	dropped	from	the	final	
sentence.	
	
Florida	also	has	a	number	of	additional	enhancements,	including	an	enhancement	for	weapons	
offenses	and	five	major	habitual	offender	provisions	detailed	below.		
	

	

38	

	
Figure	40:	Sentence	Lengths	High	and	Growing	for	Offenders	Coming	in	with	Enhancements	or	
Mandatory	Minimums	
Mean	Total	Sentence	by	Enhancement	or	MM	
Sentences,	2007	vs	2016	
Months	

200	

135.3	

150	
100	

53.5	

149.5	

64.6	

50	
0	
No	Enhancements	or	MMs	
2007	

One	or	More	Enhancements	or	
MMs	
2016	

	

Source:	CJI	Analysis	of	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	
	

On	average,	those	coming	in	with	a	mandatory	minimum	or	enhancement	were	sentenced	to	
149.5	months	in	prison,	compared	to	64.6	months	for	those	coming	in	without	an	enhanced	
sentence.	This	is	partially	due	to	enhanced	sentences	being	given	for	more	serious	crimes,	but	
even	when	offense	type,	criminal	history,	and	other	factors	related	to	sentencing	are	taken	into	
account,	being	convicted	of	an	offense	carrying	a	mandatory	minimum	or	enhancement	still	has	
a	large	and	statistically	significant	effect	on	the	total	sentence.	Holding	all	else	equal,	having	a	
primary	offense	that	carries	a	mandatory	minimum	adds	11	months	to	an	offender’s	sentence,	
while	being	convicted	of	a	habitual	offender	felony	or	violent	enhancement	adds	31	months.	
Both	enhanced	and	non-enhanced	average	sentences	have	grown	over	the	last	decade.	
	
The	most	common	enhancements	at	prison	admission	are	the	habitual	felony	offender	
enhancement	and	the	mandatory	minimums	for	committing	a	crime	with	a	firearm,	otherwise	
known	as	“10-20-Life.”	The	number	of	offenders	coming	into	prison	with	habitual	offender	
enhancements	has	fallen	over	the	last	decade,	while	the	number	coming	in	with	10-20-Life	
sentences	has	risen	(Figure	41).		
	
10-20-Life		
Florida’s	10-20-life	law	requires	the	court	to	impose	a	mandatory	minimum	sentence	if	a	
weapon	is	used	during	the	commission	of	certain	offenses:25	26	
•
•
•

	

If	the	individual	was	in	possession	of	a	firearm,	the	court	must	impose	a	ten	year	
mandatory	minimum	sentence.	
If	the	individual	was	in	possession	of	a	semi-automatic/machine	gun,	the	court	must	
impose	a	15	year	mandatory	minimum	sentence.	
If	the	individual	discharged	any	type	of	firearm,	the	court	must	impose	a	20	year	
mandatory	minimum.	

39	

	
•

If	the	individual	discharged	a	weapon	which	caused	great	bodily	injury	or	death,	the	
court	must	impose	a	25	year	mandatory	minimum	to	life.		

Figure	41:	The	Most	Common	Enhancements	at	Prison	Admission	are	Felony	Habitual	
Offender	and	Crime	with	a	Firearm	(“10-20-Life”)	

New	Court	Commitments	

New	Court	Commitments	for	Common	Enhancements	
2,500	
2,000	

	2,066		
	1,547		

1,500	

	1,364		

	1,530		

1,000	
500	
0	
Habitual	Felony	Offender	
Crime	with	a	Firearm	Mandatory	
Enhancement	
2007	 2016	

	

Source:	CJI	Analysis	of	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	

These	mandatory	minimum	(MM)	penalties	are	in	addition	and	consecutive	to	the	penalties	for	
the	underlying	felony	conviction.	However,	the	court	does	have	the	discretion	to	order	a	three	
year	mandatory	minimum	sentence,	instead	of	the	ten	year	mandatory,	if	an	individual	was	in	
possession	of	a	firearm	while	committing	the	offense	of	aggravated	assault,	possession	of	a	
firearm	by	a	felonvii,	or	burglary	of	a	conveyance.27		
In	recent	years,	changes	have	been	made	to	Florida’s	10-20-Life	law	to	give	judges	greater	
discretion	to	depart	from	the	mandatory	sentence	for	aggravated	assault,	one	of	the	offenses	
to	which	the	10-20-Life	law	applies.	In	2014,	the	Florida	Legislature	passed	House	Bill	89	which	
allowed	the	court	to	depart	from	the	mandatory	minimum	for	aggravated	assault	if	the	court	
makes	certain	written	findings.	In	addition,	in	2015,	the	Legislature	passed	Senate	Bill	228	
which	removes	aggravated	assault	from	the	list	of	crimes	in	which	the	10-20-Life	law	applies.28		
Habitual	Offender	Provisions	
Florida	has	five	major	habitual	offender	provisions:	habitual	felony	offender,	habitual	violent	
felony	offender,	prison	releasee	reoffender,	three-time	violent	felony	offender,	and	violent	
career	criminal.	Table	4	summarizes	each	of	these	provisions.	

																																																								
vii

	If	an	offender	who	is	convicted	of	the	offense	of	possession	of	a	firearm	by	a	felony	has	a	previous	conviction	of	
committing	or	attempting	to	commit	a	felony	listed	in	775.084(1)(b)1,	Florida	Statute	and	possessed	a	firearm	or	
destructive	device	during	the	commission	of	the	prior	felony,	the	offender	must	be	sentenced	to	the	10	year	
mandatory	minimum	

	

40	

	
Table	4:	Habitual	Offender	Enhancements	
Enhancement		
Habitual	
29
Felony 	

Summary		
Any	person	who	has	previously	been	
convicted	of	any	combination	of	two	
or	more	felonies	in	Florida,	and	
commits	a	felony	within	five	years	of	
date	of	prior	conviction,	or	release	
from	prison,	whichever	Is	later.	
Habitual	
Anyone	who	has	previously	been	
30
Violent	Felony 	 convicted	of	a	felony	or	an	attempt	
or	conspiracy	to	commit	a	felony	
and	has	one	or	more	prior	
conviction	for	certain	violent	
31
crimes. 			

Prison	
32
Releasee 		

Three-Time	
34
Violent	 	

Violent	Career	
Criminal		

Anyone	who	commits	or	attempts	to	
commit	a	certain	offense	within	
three	years	of	being	released	from	
prison,	while	serving	a	prison	
sentence,	while	on	escape	status	
33
from	prison. 	
Any	person	who	has	previously	been	
convicted	as	an	adult	two	or	more	
times	of	a	felony,	or	an	attempt	to	
commit	a	felony,	and	two	or	more	of	
such	convictions	were	for	
committing,	or	attempting	to	
commit	any	offense	or	combination	
35
of	certain	violent	offenses 	
Any	person	who	has	been	convicted	
as	an	adult	three	or	more	times	of	
an	offense	in	Florida	or	any	other	
qualified	offense	from	a	list	of	
36
violent	offenses. 	

Felony	Degree	
Life	felony	or	
st
1 	degree	
felony		
nd
2 	Degree	
rd
3 	Degree	

Penalty		
Life		

nd

30	yr		

3 	Degree	

rd

10	yr		

Life	
st
1 	Degree	
nd
2 	Degree	
rd
3 	Degree		

Life		
30	yr	MM	
15	yr	MM	
5	yr	MM	

Release	Eligibility		
Eligible	for	gaintime	and		
discretionary	
release	and	
conditional	
release		
Eligible	for	
release	after	
serving	15	years		
Eligible	for	
release	after	10	
years		
Eligible	for	
release	after	
serving	5	years		
Ineligible	for	gaintime;	must	serve	
100	percent	of	
sentence	

Life	felony	or	
st
1 	degree		

Life		

Life	
st
1 	Degree	
nd
2 	Degree	
rd
3 	Degree		

Life		
30	yr	MM	
15	yr	MM	
5	year	MM	

Ineligible	for	gaintime;	must	serve	
100	percent	of	
sentence	

Life	felony	or	
st
1 	degree	
felony		
nd
2 	Degree	
rd
3 	Degree	

Life	

Ineligible	for	gaintime;	Eligible	for	
conditional	
medical	release		

2 	Degree	

30	yr	
10	yr		

30	yr	MM	
10yr	MM	

	

Property	offenders	are	the	most	likely	to	be	sentenced	under	the	habitual	felony	offender	
enhancement.	Property	offenders	admitted	to	prison	under	this	enhancement	in	2016	received	
an	average	90	month	sentence,	131	percent	higher	than	the	39	month	average	sentence	for	
non-habitual	property	offenders.	This	is	the	largest	proportional	difference	in	sentence	length	
for	any	offense	type.	Violent	offenders	receiving	a	habitual	felony	offender	enhancement	were	
sentenced	to	53	percent	longer	than	those	who	did	not	receive	the	enhancement.				
	

	

41	

	
Figure	42:	Felony	Habitual	Property	Offenders	Receive	90	Month	Average	Sentence	
Compared	to	39	Month	for	Non-Habitual	
Mean	Total	Sentence	by	Habitual	Felony	Offender	
Enhancement	and	Offense	Type,	2016	

Months	

200	
150	

166.2	
108.7	

100	

90.3	
39.2	

50	

81.5	
36.9	

72.4	
38.4	

0	
Violent	

Property	

No	Habitual	Offender	Enhancement	

Drugs	

Other	

Habitual	Offender	Enhancement	

	

Source:	CJI	Analysis	of	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Key	Findings	
	
•
•

•

37	percent	of	current	prisoners	in	Florida	were	sentenced	under	either	a	
mandatory	minimum	or	an	enhancement	
Florida	has	at	least	108	mandatory	minimums	and	five	different	habitual	
offender	enhancements,	many	of	which	overlap	and	impact	the	same	
population	
The	most	common	mandatory	minimums	and	enhancements	are	the	habitual	
felony	offender	enhancement,	which	most	commonly	is	applied	to	property	
offenses,	and	the	10-20-Life	mandatory	minimum	for	use	of	a	firearm	in	
commission	of	a	crime	

	
	
	
	
	
	

Property	Offenses	
	
Almost	9,000	property	offenders,	or	31	percent	of	new	court	commitments,	were	sentenced	to	
prison	in	2016.	While	the	number	of	property	crimes	reported	in	the	state	has	gone	down	21	
percent	in	the	last	decade,	the	number	of	felony	scoresheets	filed	on	these	crimes	has	actually	
increased	four	percent	and	the	number	of	direct	prison	sentences	has	remained	fairly	steady	
from	2006	to	2015.	The	next	section	reviews	the	sentencing	laws	and	practices	for	the	most	
common	property	crimes	in	the	state	of	Florida.		

	

42	

	

Burglaryviii	
Offenders	with	a	burglary	primary	offense	make	up	16	percent	of	both	new	court	commitments	
to	prison	and	the	prison	population.	Generally,	property	offenses	make	up	a	smaller	portion	of	
the	prison	population	than	admissions	because	of	shorter	lengths	of	stay	compared	to	violent	
crimes.	The	fact	that	burglary	of	a	dwelling	or	occupied	structure	is	the	most	common	crime	in	
prison	and	that	burglary	as	a	category	takes	up	so	many	beds	indicates	that	these	crimes	are	
subject	to	long	penalties.	This	may	be	driven	by	the	large	number	of	enhancements	and	
mandatory	minimums,	including	several	habitual	enhancements	as	well	as	10-20-Life,	for	which	
most	burglary	crimes	are	eligible.		
	
More	offenders	are	coming	into	prison	for	burglary	of	a	dwelling	than	a	decade	ago,	and	with	
longer	sentences.	The	number	of	admissions	for	burglary	of	an	unoccupied	structure,	however,	
has	fallen.	This	could	indicate	a	shift	in	prosecutorial	charging	practices,	given	that	burglaries	
overall	are	down	in	the	state.		
	

Theft	
Trafficking	in	stolen	property	is	the	fourth	most	common	crime	at	prison	admission,	and	the	
number	of	new	court	commitments	has	grown	14	percent	in	the	last	decade.	The	number	of	
new	court	commitments	for	repeat	petit	theft	has	risen	36	percent	in	the	last	decade.	Sentence	
lengths	for	trafficking	in	stolen	property,	grand	and	petit	theft,	and	grand	theft	of	a	motor	
vehicle	have	risen	over	the	last	decade,	including	in	situations	where	the	number	of	admissions	
also	grew.	This	suggests	that	the	growth	in	sentence	length	is	not	solely	due	to	carving	out	less	
serious	offenders	from	the	admissions	pool.	
	
Florida	has	one	of	the	lowest	felony	theft	threshold	amounts	in	the	country	at	just	$300.37	This	
felony	threshold	amount	has	not	been	increased	since	1986,	when	it	was	raised	from	$100	to	
$300.	Florida	is	tied	with	Hawaii	for	the	fourth	lowest	felony	theft	threshold	amount,	followed	
by	Massachusetts	at	$250,	and	New	Jersey	and	Virginia	at	$200.38	Any	defendant	who	is	
charged	with	grand	theft	in	the	amount	of	$300	to	$20,000	faces	a	third	degree	felony	with	a	
penalty	of	up	to	five	years	in	prison.	However,	the	majority	of	individuals	sent	to	prison	for	
grand	theft	fall	within	the	lower	threshold	amount	of	$300	to	$5,000.	
	
Tables	5	and	6,	on	the	following	pages,	include	information	on	the	most	common	offenses	
within	the	burglary	and	theft	categories,	their	felony	degrees,	severity	levels,	primary	offense	
points	(within	the	sentencing	guidelines),	enhancements	that	apply	to	those	offenses,	the	
number	of	scoresheets	filed	in	2015	(as	a	proxy	for	the	number	of	felony	defendants),	the	
median	number	of	sentencing	points	earned	by	those	defendants,	the	total	percentage	of	
defendants	receiving	a	state	prison	sentence,	the	number	of	new	court	commitments	(NCC)	to	
prison	in	2016,	and	finally,	the	prison	population	in	2016.
																																																								
viii

	FDC	classifies	burglary	with	an	assault	as	a	violent	crime	but	burglary	of	a	dwelling	or	occupied	structure	or	
conveyance	as	a	property	crime.		

	

43	

	
Table	5:	Common	Burglary	Offenses	
Offense	

Felony	
Degree	

Burglary,	Armed	with	
Explosive	or	
Dangerous	Weapon	

1 		

st

nd	

Severity	
Level	
(Primary	
Offense	
Points)	

Enhancements/	
Mandatory	Minimums	

Scoresheets	 Median	
Filed	2015	
Sentencing	
Points	

Percent	
Sentenced	
to	State	
Prison	

NCCs	
Prison	
in	2016	 Population	
in	2016	

8	(74)	

Habitual	Felony	
Habitual	Violent	Felony	
(MM)	
Prison	Releasee	(MM)	
3-Time	Violent	(MM)	
10-20-Life	(MM)	
Habitual	Felony	
Prison	Releasee	(MM)	
10-20-Life	(MM)	
	
Habitual	Felony		
10-20-Life	(MM)	

512	

78%	

474	

2,885	

Burglary	of	a	
2 	
6/7(36/56)	
4,267	
Dwelling/	Occupied	
Structure/	
Conveyance	
rd	
Burglary	of	an	
3 	
4	(22)	
5,062	
Unoccupied	
Structure/	
Conveyance-or	
Attempted	
Source:	CJI	Analysis	of	Data	Provided	by	the	Florida	Department	of	Corrections	

	
	

114	

Mean	
Sentence	
Length	for	
NCCs	in	
2016	
(Months)	
111	

77	

55%	

2,352		

	8,210		
	

59	

34	

25%	

1,194		
	

	1,946	

30	

	

Key	Findings	
	
•
•

Burglary	of	a	dwelling	or	occupied	structure	is	the	most	common	crime	at	prison	admission	and	in	the	prison	
population	
The	most	common	burglary	offenses	are	all	eligible	for	the	10-20-Life	enhancement,	including	burglary	of	an	
unoccupied	structure	or	conveyance	

	
	

44	

	
Table	6:	Common	Theft	Offenses	
Offense	

Felony	 Severity	 Enhancements/	
Degree	 Level	
Mandatory	
(Primary	 Minimums	
Offense	
Points)	

Scoresheets	
Filed	2015	

Median	
Sentencing	
Points	

Percent	
Sentenced	to	
State	Prison	

NCCs	
Prison	
in	2016	 Population	in	
2016	

Mean	
Sentence	
Length	for	
NCCs	in	2016	
(Months)	

Traffic	In	
Stolen	
Property	

2 		

4,488	

41	

22%	

1,507		
	

2,815	

35	

Grand	
3 	
4	
Habitual	Felony		
1,794	
32	
Theft	
(22pts)	
Motor	
Vehicle	
rd
Grand	
3 	
2	
Habitual	Felony		
8,947	
16	
Theft,	
(10pts)	
$300$5,000	
rd
Petit	
3 	
1	(4pts)	 Habitual	Felony		
2,849	
19	
Theft/3rd	
Conviction	
Source:	CJI	Analysis	of	Data	Provided	by	the	Florida	Department	of	Corrections	

17%	

429	

524	

25	

8%	

973	
	

1,195	

25	

14%	

505	

645	

22	

nd

rd

5	
(28pts)	

Habitual	Felony		

	
Key	Findings	
	
•
•

Many	common	theft	offenses	have	growing	numbers	of	admissions	to	prison,	including	trafficking	in	stolen	property	
(14	percent	growth)	and	petit	theft,	3rd	or	subsequent	conviction	(36	percent	growth)	
Florida	is	tied	for	the	fourth	lowest	felony	theft	thresholds	at	$300,	and	it	hasn’t	been	changed	since	1986	

	

	

45	

	

Drug	Offenses	
	
Driven	by	the	reduction	in	drug	arrests	across	the	state,	felony	drug	filings,	sentences,	and	
prison	admissions	declined	significantly	in	the	last	decade.	Yet,	drug	offenses	still	make	up	
some	of	the	most	common	crimes	at	prison	admission	and	within	the	prison	population.	
	
The	large	decline	in	drug	cases	was	driven	by	a	decline	in	felony	simple	possession.	The	number	
of	scoresheets	filed	for	this	crime	declined	35	percent	from	2006	to	2015,	although	this	number	
has	crept	back	up	in	recent	years.		
	
Figure	43:	Drug	Possession	Scoresheets	Filed	Declined	35	Percent	in	Last	Decade	
Sentencing	Scoresheets	by	Drug	Crime	Type,	2006	vs	
2015	
Simple	Possession	
Sale/Manufacturing/Delivery	
Trafficking	
Other	Drug	Crime	
0	

5,000	 10,000	 15,000	 20,000	 25,000	 30,000	
Sentencing	Scoresheets	Filed	
2006	 2015	

	

Source:	CJI	Analysis	of	Sentencing	Scoresheets	Data	Provided	by	the	Florida	Department	of	Corrections	
	

While	possession	of	a	controlled	substance	is	still	the	most	common	drug	crime	at	prison	
admission,	trafficking	is	the	most	common	drug	crime	in	the	prison	population,	followed	by	
second	degree	sale/manufacturing/delivery	of	a	controlled	substance.	While	the	felony	degrees	
assigned	to	drug	offenses	vary	greatly,	second	degree	sale/manufacturing/delivery	mostly	
covers	schedule	I	and	II	substancesix,	while	first	degree	sale/manufacturing/delivery	covers	
those	same	substances	within	a	school	zone,	church,	or	other	statutorily	designated	area.	
	
Drug	trafficking	offenses	have	their	own	mandatory	minimums,	as	well	as	being	subject	to	
enhancements	under	10-20-Life	and	habitual	enhancements.	Of	the	drug	traffickers	in	prison	
now,	73	percent	are	serving	a	mandatory	minimum	or	enhanced	sentence.	The	number	of	new	
court	commitments	with	a	primary	drug	offense	and	a	mandatory	minimum	rose	34	percent	in	
the	last	decade,	from	941	in	2007	to	1,264	in	2016.

																																																								
ix
	Including	heroin,	GBH,	opium,	cocaine,	fentanyl,	methadone,	and	methamphetamine.	
	

46	

	
Table	7:	Common	Drug	Offenses	
Offense	

Felony	
Degree	

Severity	
Level	
(Primary	
Offense	
Points)	

Enhancements/	
Mandatory	
Minimums	

Scoresheets	
Filed	2015	

Median	
Sentencing	
Points	

Percent	
Sentenced	to	
State	Prison	

NCCs	
in	
2016	

Prison	
Population	
in	2016	

Mean	
Sentence	
Length	for	
NCCs	in	
2016	
(Months)	

Trafficking	in	
Controlled	Substance	
(1st	Degree)	

1 	

st

7-9	(56-96)	

Habitual	Felony	
10-20-Life	(MM)	
	

1,375	

84	

75%	

1,190		
	

4,949		
	

71	

st

5-7	(28-56)	

Habitual	Felony		
	

661	

92	

76%	

538	

1,953	

57	

3-6	(16-36)	

Habitual	Felony		
	

4,613	

42	

38%	

1,958		

3,767	

32	

3(16)	

N/A	

19,028	

23	

11%	

1,965			
	

2,128	

22	

Sale/	Manufacturing/	 1 	
Delivery	of	Controlled	
Substance	(1st	
Degree)	
nd
Sale/	Manufacturing/	 2 	
Delivery	of	Controlled	
Substance	(2nd	
Degree)	
rd
Possession	of	
3 	
Controlled	Substance	
(3rd	Degree)	

Source:	CJI	Analysis	of	Data	Provided	by	the	Florida	Department	of	Corrections	
	

Key	Findings	
	
•
•

Third	degree	simple	possession	is	still	the	most	common	drug	offense	at	prison	admission,	and	the	third	most	
common	in	the	prison	population	
First	degree	sale/manufacturing/delivery,	which	mostly	covers	enhanced	offenses	such	as	school	zone	or	church	
offenses,	has	almost	double	the	average	sentence	for	second	degree	sale/manufacturing/delivery	(57	months	vs	32	
months)	although	by	and	large	they	cover	the	same	substances	

	
	

47	

	

ELDERLY	PRISONERS	
	

One	of	the	striking	demographic	stories	in	Florida’s	prison	system	is	the	growth	of	prisoners	age	
50	and	older,	defined	as	elderly	in	Florida	statute	944.02.39	In	2016,	elderly	prisoners	made	up	
23	percent	of	the	prison	population,	up	from	14	percent	in	2007.	In	raw	numbers,	this	is	more	
than	23,500	offenders	age	50	or	older	in	Florida’s	prisons.	This	number	has	grown	65	percent	in	
the	last	decade.	
	

Figure	44:	Number	of	Prisoners	Age	50	or	Over	Grew	65	Percent	in	Last	Decade	
Prisoners	Age	50	and	Over,	Snapshot	PopulaIon	
2007-2016	
Prisoners	

30,000	
20,000	

	23,542		
	14,251		

10,000	
0	
2007	 2008	 2009	 2010	 2011	 2012	 2013	 2014	 2015	 2016	

	

Source:	CJI	Analysis	of	Prison	Population	Data	Provided	by	the	Florida	Department	of	Corrections	

	
As	discussed	in	the	overall	trends	section,	growth	in	the	prison	population	can	be	driven	by	two	
things:	how	many	people	come	in,	and	how	long	they	stay.	In	this	case,	the	latter	is	the	main	
driver	of	growth	in	this	portion	of	the	population.	Overall,	13	percent	of	new	court	
commitments	to	prison	are	age	50	and	over	at	the	time	of	admission.	The	number	of	prison	
admissions	for	offender’s	over	age	50	has	grown	only	four	percent	in	the	last	decade.	By	
contrast,	length	of	stay	in	prison	for	elderly	prisoners	has	grown	significantly	over	that	period.	
	

	

48	

	

Figure	45:	Four	Percent	Growth	in	Number	of	Elderly	Prisoners	Admitted	

New	Court	Commitments	

New	Court	Commitments	by	Age	at	Admission,	2007	vs	
2016	
50,000	
40,000	

	3,708		

50	and	Over	

30,000	

	3,843		

20,000	

35-49	
25-34	

10,000	

18-24	

0	
2007	

2016	

	

Source:	CJI	Analysis	of	Prison	Admissions	Data	Provided	by	the	Florida	Department	of	Corrections	

	
The	average	sentence	for	current	prisoners	age	50	and	over	is	313	months,	compared	to	184	
months	for	prisoners	under	age	50.	These	offenders	also	have	the	longest	remaining	period	
until	their	tentative	release	date,	a	way	of	measuring	the	future	impact	of	those	currently	in	
prison.	While	the	time	remaining	until	tentative	release	has	grown	for	all	age	groups	as	
sentences	grew	over	the	last	decade,	it	has	grown	the	most	for	older	offenders.		
	
Figure	46:	Elderly	Prisoners	Have	8	Years	on	Average	Remaining	Until	Release	
Average	Time	to	TentaIve	Release	Date,	by	Age	
Category,	2007	vs	2016	(Months)		
Months	

150	
100	
50	

43.8	

55.3	

59.9	 66.3	

68.5	 76.4	

25-34	

35-49	

84.4	

96	

0	
18-24	

50	and	Over	

Age	Category	
2007	 2016	

	

Source:	CJI	Analysis	of	Prison	Population	Data	Provided	by	the	Florida	Department	of	Corrections	

	
The	time	until	release	understates	the	potential	impact	of	these	offenders	on	the	prison	
population,	however,	because	it	does	not	include	those	without	a	release	date	at	all.	Offenders	
with	life	sentences	are	not	given	tentative	release	dates,	and	these	include	many	current	
elderly	prisoners.	In	fact,	just	under	half	(47	percent)	of	prisoners	with	life	sentences	are	age	50	
or	older.	The	number	of	offenders	over	age	50	with	a	life	sentence	has	grown	91	percent	in	the	
last	decade.	Any	person	sentenced	to	life	imprisonment	for	offenses	committed	on	or	after	

	

49	

	

October	1,	1998,	will	be	incarcerated	for	the	rest	of	their	natural	lives,	unless	granted	pardon,	
executive	clemency,	or	conditional	medical	release.40		
	
Figure	47:	47	Percent	of	Prisoners	with	Life	Sentences	are	Age	50	or	Older	

Prisoners	

Number	of	Prisoners	with	a	Life	Sentence	by	Current	
Age,	2007	vs	2016	
14,000	
12,000	
10,000	
8,000	
6,000	
4,000	
2,000	
0	

	2,924		

	5,610		

50	and	Over	
35-49	
25-34	
18-24	

2007	

2016	

	

Source:	CJI	Analysis	of	Prison	Population	Data	Provided	by	the	Florida	Department	of	Corrections	

	
Unsurprisingly,	given	the	long	sentences,	the	majority	(63	percent)	of	elderly	offenders	are	in	
prison	for	primary	violent	offenses,	followed	by	drugs	(12	percent)	and	nonviolent	forms	of	
burglary	(10	percent).	Despite	many	elderly	offenders	having	been	sentenced	for	very	serious	
crimes,	they	are	much	more	likely	to	be	classified	as	being	low	risk	to	reoffend	compared	to	
younger	offenders.	This	fits	with	a	strong	body	of	research	showing	that	age	is	one	of	the	
strongest	predictors	of	criminal	behavior	with	criminal	offending	declining	significantly	as	
individuals	age.41	
	
In	Florida’s	current	prison	population,	37	percent	of	elderly	prisoners	are	classified	in	the	
lowest	risk	to	recidivate	category,	compared	to	15	percent	of	the	total	population.	This	is	likely	
understating	the	number	of	low	risk	elderly	offenders	because	the	older	the	offender	in	prison,	
the	less	likely	he	or	she	is	to	have	been	assessed,	and	the	more	likely	to	be	low	risk	if	assessed.	
If	the	remaining	38	percent	of	elderly	offenders	who	currently	do	not	have	a	risk	score	were	
assessed,	it	is	almost	certain	that	an	even	larger	percentage	of	the	overall	group	would	be	in	
the	lowest	risk	category.		
	
While	some	states	have	early	release	options	geared	towards	the	elderly	population,	in	Florida,	
the	only	early	release	mechanism	for	this	group	is	conditional	medical	parole,	which	has	
stringent	eligibility	criteria.42	Compared	to	their	younger	peers,	older	inmates	typically	have	
high	rates	of	both	mild	and	serious	health	conditions,	leading	to	much	greater	medical	needs.	
Due	to	the	high	medical	needs	of	the	elderly	inmate	population,	prisons	nationwide	spend	
about	two	to	three	times	more	to	incarcerate	these	individuals	than	younger	inmates.43	
According	to	the	Florida	Department	of	Correction’s	(FDC)	most	recently	published	annual	
report,	in	Fiscal	Year	2014-2015,	the	elderly	inmate	population	accounted	for	53	percent	of	all	
episodes	of	care	compared	to	22	percent	of	the	inmate	population.44		

	

50	

	

	
While	there	is	no	early	release	policy	targeted	specifically	towards	the	elderly,	given	the	unique	
needs	of	this	population,	FDC	has	made	efforts	to	manage	this	population	within	the	confines	
of	prison	facilities.	In	particular,	FDC	has	established	elderly	offender	housing	for	inmates	who	
meet	certain	criteria	in	order	to	account	for	their	work	limitations	and	health	care	needs.	To	be	
eligible	for	an	elderly	housing	dorm,	an	inmate	must	be	at	least	50	years	or	older,	must	not	
have	received	any	violent	disciplinary	reports	within	the	last	three	years,	must	not	otherwise	be	
deemed	to	be	a	security	or	disciplinary	risk	for	placement,	and	must	be	compatible	with	the	
facility’s	mission	and	profile.45		
	
	

Key	Findings	
	
•
•
•
•

	
	
	
	

	

The	number	of	prisoners	age	50	or	over	grew	65	percent	in	the	last	decade	
This	growth	was	driven	by	prisoners	with	very	long	sentences	aging	into	the	
definition	of	“elderly	prisoner”	
Almost	half	of	prisoners	with	a	life	sentence	—	for	which	there	is	no	release	
mechanism	besides	limited	medical	release	—	are	already	over	the	age	of	50	
In	FY2015,	prisoners	over	age	50	accounted	for	53	percent	of	all	health	care	
episodes	compared	to	22	percent	of	the	inmate	population	

	

51	

	

RELEASE	AND	REENTRY		
	
The	vast	majority	of	offenders	who	enter	Florida’s	prison	system	are	eventually	released.	This	
section	describes	the	laws	and	practices	around	prison	release	and	reentry,	and	how	these	
affect	how	long	offenders	spend	in	prison	before	their	release.	

Time	Served	
	

In	Florida,	individuals	sentenced	to	state	prison	for	a	crime	committed	on	or	after	October	1,	
1995	are	required	to	serve	at	least	85	percent	of	the	sentence	or	sentences	imposed	before	
they	are	eligible	for	release,	regardless	of	the	type	of	crime.46	Some	enhancement	and	habitual	
offender	provisions	require	an	inmate	to	serve	100	percent	of	their	sentence	in	prison.	Many	
states	increased	time	served	requirements	for	violent	offenders	in	the	1990s	to	comply	with	
the	federal	Truth	in	Sentencing	program.	However,	only	a	few	states	included	nonviolent	
offenders	in	these	requirements.47	
	

Gain-Time	
Currently,	the	only	way	for	inmates	to	reduce	the	time	they	serve	in	prison	is	through	what	is	
known	as	“gain-time.”	The	Florida	Department	of	Corrections	(FDC)	is	statutorily	authorized	to	
award	gain-time	to	inmates	with	the	intended	goal	of	incentivizing	inmates	to	participate	in	
programming	and	comply	with	the	rules	of	the	institution.48	There	are	four	types	of	gain-time	
an	eligible	inmatex	can	earn	to	reduce	their	sentence	by	15	percent:	incentive	gain-time,	
meritorious	gain-time,	educational	achievement	gain-time,	and	education	gain-time.		
	

Table	8:	Gain-Time	Options	for	Eligible	Inmates	
Gain	Type	Options	

Requirements		

Gain-Time	
Earned	

Incentive		
	

Credits	earned	based	on	rating	received	related	to	
institutional	adjustment,	work,	and	participation	in	
programs		
Completion	of	outstanding	deed	

Up	to	10	days	
per	month		

Meritorious		
	
Educational	
Achievement		
Education		
	

Completion	of	GED	or	vocational	program	
Satisfactorily	participated	in	150	hours	of	functional	
literacy	instruction		

One	time	credit	
of	up	to	60	days		
One	time	credit	
of	60	days		

		 	

One	time	credit	
of	up	to	6	days		

	

Source:	Florida	Administrative	Code,	33-601.101	Incentive	Gain	Time.	

	

	 	
	 	

																																																								
x

	Only	inmates	who	committed	crimes	after	October	1,	1995	are	eligible	for	the	types	of	gain-time	described	in	
Table	8.	

	

52	

	

Most	inmates	can	begin	earning	gain-time	within	the	first	month	of	commitment	to	FDC.	But,	if	
someone	is	serving	a	sentence	for	mandatory	minimum,	they	cannot	begin	to	earn	gain-time	
until	they	have	served	the	mandatory	portion	of	the	sentence.	As	a	result,	individuals	serving	
mandatory	minimum	sentences	have	limited	incentive	to	participate	in	programming	or	comply	
with	the	rules	of	FDC	during	the	mandatory	term	of	their	sentence.49			
	
The	majority	of	gain-time	earned	by	inmates	is	incentive	gain-time.	FDC	has	set	up	a	process	for	
awarding	incentive	gain-time	based	on	the	results	of	monthly	evaluations	completed	by	FDC	
security	and	programming	staff.	Eligible	inmates	can	be	awarded	anywhere	from	zero	credits	
for	unsatisfactory	evaluations	to	eight	days	for	above	satisfactory	evaluations.	Additional	gaintime	days	can	also	be	awarded,	up	to	the	ten	day	statutory	limit,	based	on	adherence	to	
program	or	treatment	plan,	work	or	program	stability,	or	program	achievement.	Inmates	who	
have	earned	gain-time	towards	a	reduction	of	their	sentence	may	have	all	or	some	of	their	
gain-time	forfeited	for	certain	types	of	misconduct.50		
	

Length	of	Stay	Trends		
The	average	length	of	incarceration	for	first	releases	—	offenders	released	for	the	first	time	on	
their	current	sentence	—	has	increased	steadily	over	the	past	decade.	The	current	statewide	
average	in	2016	was	42	months,	up	from	35	in	2007.	Although	an	increase	of	seven	months	
may	not	sound	significant,	when	multiplied	by	the	thousands	of	people	moving	through	
Florida’s	prison	system,	this	growth	can	have	a	significant	effect	on	the	prison	population.	
	
The	median	length	of	stay	in	2016	was	27	months,	up	from	21	months	in	2007.	While	it	is	
difficult	to	compare	length	of	stay	across	states,	the	most	recent	national	estimates	from	the	
Bureau	of	Justice	Statistics	put	median	length	of	stay	for	violent	offenders	at	28	months,	
compared	to	35	months	in	Florida.51	
	

Figure	48:	Time	Served	for	Drug	Offenses	Has	Increased	24%	Since	2007	
Mean	Time	Served	by	Offense	Type,	2007	vs.	2016	

Months	

80	
60	

55.5	

63.3	
31.9	 34.7	

40	

27.4	

34.0	
23.8	

32.1	

20	
0	
Violent	

Property	
2007	

Drugs	

Other	

2016	

	

Source:	CJI	Analysis	of	Prison	Release	Data	Provided	by	the	Florida	Department	of	Corrections	

	

	

53	

	

Since	2007,	time	served	has	increased	for	all	offense	types,	with	the	largest	increases	occurring	
among	drug	offenders	and	“other”	offenders.	Most	significantly	within	that	“other”	group,	
average	time	served	for	Felon	Driving	with	License	Suspended/Revoked/Canceled/Denied	
increased	24%	(from	17	to	21	months).		
	
Among	the	top	10	offenses	at	admission,	length	of	incarceration	for	first	degree	trafficking	has	
grown	the	most,	from	44	months	for	2007	releasees	to	53	months	for	2016	releasees.	
Releasees	with	a	primary	offense	of	burglary	of	a	dwelling	or	occupied	structure	served	an	
average	of	almost	four	years	(46	months),	steady	from	2007,	although	the	number	of	offenders	
coming	in	for	this	crime	has	risen	in	the	last	decade.	The	mean	length	of	stay	for	simple	
possession	offenders	is	about	20	months	on	average,	up	slightly	from	2007.	The	most	recent	
national	estimate	puts	median	time	served	for	drug	possession	at	10	months	compared	to	16	
months	in	Florida.52	
	
Figure	49:	Trafficking	Offenders	Serve	53	Months	on	Average,	Up	20	Percent	from	2007	

Mean	Time	Served	Among	First	Releases	for	Top	10	Offenses	at	
Admission,		2007	vs	2016	
Burglary	of	a	Dwelling/Occupied	Structure/

46.1	

Simple	Possession	(3rd	Degree)	

20.4	

Sale/Manufacturing/Delivery	(2nd	Degree)	

32.0	

Traffic	In	Stolen	Property	

2007	

29.8	

Felon/Delinquent	with	Gun/Concealed	

34.0	

Burglary	of	an	Unoccupied	Structure/

2016	

28.8	

Trafficking	(1st	Degree)	

53.1	

Grand	Theh,	$300-$20,000	

23.4	

Robbery	with	a	Deadly	Weapon	

92.4	

Robbery	

55.2	
0	

20	

40	

60	

80	

100	

Months	
Source:	CJI	Analysis	of	Prison	Release	Data	Provided	by	the	Florida	Department	of	Corrections		

	

	
The	vast	majority	of	offenders	released	from	prison	serve	over	85	percent	of	their	sentence	due	
to	the	time	served	requirements	passed	in	1995.	Violent	offenders’	average	time	served	hovers	
closest	to	85	percent	of	their	sentences,	whereas	drug	offenders,	property	offenders,	and	other	
types	of	offenders	typically	serve	one	to	two	additional	months	beyond	85	percent	of	their	
sentence.	This	may	be	because	violent	offenders,	serving	longer	in	prison,	have	more	
opportunities	to	earn	gain	time.	

	

54	

	

Key	Findings	
	
•
•

•
•

All	offenders	sentenced	after	October	1,	1995	must	serve	at	least	85	percent	of	
their	sentence	behind	bars	
Those	with	mandatory	sentences	cannot	begin	earning	gain-time	until	they	have	
completed	the	mandatory	portion,	reducing	their	incentive	to	participate	in	
programming	
The	statutory	time	served	requirements	have	led	to	long	lengths	of	stay	in	prison	
compared	to	national	averages	
Length	of	stay	in	prison	has	grown	for	all	offense	types	in	the	last	decade,	including	
in	cases	where	the	number	of	admissions	was	steady	or	growing	

	
Prison	Release	Types	and	Reentry	Planning	
	
Once	an	inmate	serves	at	least	85	percent	of	their	sentence	or	sentences,	with	or	without	gaintime,	the	inmate	may	be	released	through	either	expiration	of	sentence	or	released	to	postprison	release	supervision.	Expiration	of	sentence	includes	offenders	released	without	
supervision,	as	well	as	those	with	a	split	probation	sentence	released	to	probation	or	
community	control	supervision.		
	
The	main	types	of	post-prison	release	supervision	in	Florida	include:	parole,	control	release,	
conditional	release,	addiction	recovery	supervision,	and	conditional	medical	release.	
Conditional	release	and	addiction	recovery	supervision	are	both	nondiscretionary	release	types	
that	do	not	require	a	formal	decision	by	the	Florida	Commission	on	Offender	Review	(FCOR)	but	
rather	are	a	type	of	mandatory	supervision	for	inmates	who	meet	certain	criteria.	Specifically,	
conditional	release	is	for	individuals	serving	sentences	for	certain	violent	or	habitual	crimes.	
Addiction	recovery	supervision	is	required	for	inmates	who	have	a	history	of	substance	abuse	
or	addiction	or	have	participated	in	any	drug	treatment	program.xi		
	
While	FCOR	does	not	make	a	formal	release	decision	for	conditional	release	and	addiction	
recovery	supervision,	FCOR	is	responsible	for	setting	the	terms	and	conditions	of	supervision	
and	overseeing	the	revocation	process,	when	necessary.		
	
																																																								
xi
	Individuals	with	a	current	or	previous	conviction	for	a	violent	offense,	drug	trafficking,	sale	of	a	controlled	

substance,	certain	property	offenses,	or	a	traffic	offense	involving	injury	or	death	are	ineligible	for	addiction	
recovery	supervision.	Eligible	inmates	are	screened	into	the	program	using	the	FDC’s	Simple	Drug	Screening	
Instrument.	

	

55	

	

Parole,	control	release	and	conditional	medical	release	are	all	discretionary	release	types	and	
require	a	formal	release	decision	by	FCOR.	While	parole	was	formally	abolished	in	1983,	there	
are	still	a	number	of	individuals	in	prison	who	are	eligible	for	this	discretionary	release	type.	
Control	release,	while	not	currently	being	used,	is	another	early	release	option	which	can	be	
granted	to	eligible	inmates	if	the	prison	population	exceeds	99	percent	of	its	capacity.	
Conditional	medical	release	is	for	inmates	who	FDC	has	determined	to	be	permanently	
incapacitated	or	terminally	ill.	FCOR	considers	persons	for	possible	conditional	medical	release	
upon	a	referral	from	FDC.		
	
Inmates	who	are	released	to	post-prison	release	supervision	will	be	supervised	for	the	period	
equal	to	the	gain-time	that	they	received	in	prison.	
	

Release	Trends		
Although	Florida	has	nearly	20	different	release	types	on	record,	only	about	half	of	them	have	
been	used	regularly	over	the	past	decade.	Among	active	release	options,	expiration	of	sentence	
without	probation	is	most	common.	Sixty-three	percent	of	released	prisoners	return	to	their	
communities	without	any	kind	of	community	supervision.		
	
The	next	most	common	release	options	are	conditional	release	supervision	and	expiration	of	
sentence	to	probation	or	community	control	(CC).	Conditional	release,	as	described	above,	is	
based	on	the	offense	and	is	most	common	for	violent	offenders.	An	expiration	of	sentence	with	
probation	or	community	control	to	follow	happens	when	a	judge	gives	a	split	sentence	before	
the	offender	comes	to	prison.	This	is	most	common	for	violent	and	property	offenders,	of	
whom	16	percent	and	11	percent,	respectively,	have	court-ordered	supervision	to	follow.		
	

Figure	50:	Most	Prison	Releasees	Have	No	Supervision	to	Follow	
Prison	Releases	by	Release	Type,	2007	vs.	2016	
Expirajon	of	Sentence	(EOS)	
Condijonal	Release	

19,180	

5,401	

EOS	to	Probajon/CC	

4,955	

Program	Supervision	

1,020	
386	

Other	
Reinstatement	of	Supervision	

160	

Parole	

24	

Condijonal	Medical	Release	

17	
0	

5,000	
2007	

10,000	 15,000	 20,000	 25,000	
2016	

Releases	

	
Source:	CJI	Analysis	of	Prison	Release	Data	Provided	by	the	Florida	Department	of	Corrections	
	

	

56	

	

Drug	offenders	are	most	likely	to	be	released	without	any	supervision	to	follow,	whereas	
violent	offenders	are	most	likely	to	have	supervision	to	follow.	Only	32	percent	of	property	
offenders	and	24	percent	of	drug	offenders	have	any	supervision	to	follow	release.		
	

Figure	51:	Most	Property	and	Drug	Offenders	Released	Without	Supervision	to	Follow	
Prison	Releases	by	Offense	Type,	2016	

Share	of	Releases	

100%	
80%	

Addicjon	Recovery	
Supervision	

60%	

Condijonal	Release	

40%	

EOS	to	Probajon/CC	

20%	
0%	
Violent	 Property	 Drugs	

Other	

Expirajon	of	Sentence	
(EOS)	

	
Source:	CJI	Analysis	of	Prison	Release	Data	Provided	by	the	Florida	Department	of	Corrections	

	

Recently,	FDC	has	expanded	its	practice	of	conducting	risk	assessments	of	prisoners	prior	to	
release.	Risk	assessment	instruments	identify	the	likelihood	that	an	individual	will	recidivate,	
and	research	shows	that	they	are	effective	tools	for	targeting	interventions,	including	
supervision	and	programming.53		
	
In	2016,	89	percent	of	released	prisoners	had	a	risk	assessment	conducted	prior	to	release.xii	
Among	individuals	evaluated	and	released	that	year,	49	percent	were	determined	to	be	a	high	
risk	to	recidivate	at	their	final	assessment	(with	Recidivism	Index	scores	of	4	or	5	on	a	scale	of	
5).	Forty	percent	of	offenders	in	the	highest	risk	level	were	released	without	supervision,	
compared	to	just	under	80	percent	in	the	lowest	risk	level	(Figure	52).	
	

																																																								
xii

	On	average,	this	risk	assessment	was	conducted	two-thirds	of	the	way	through	the	releasee’s	prison	sentence.	

	

57	

	

Figure	52:	Higher	Risk	Offenders	More	Likely	to	Have	Supervision	to	Follow	Release	
Prison	Releases	by	Recidivism	Index	Score		
and	Release	Type,	2016	

Share	of	Releases	

100%	

Expirajon	of	Sentence	
(EOS)	
EOS	to	Probajon/CC	

80%	
60%	

Condijonal	Release	

40%	

Addicjon	Recovery	
Supervision	

20%	
0%	
1	

2	
3	
4	
5	
Recidivism	Index	Score	
	
Source:	CJI	Analysis	of	Prison	Release	Data	Provided	by	the	Florida	Department	of	Corrections	

	

Although	looking	at	release	types	by	recidivism	index	score	shows	that	supervision	is	generally	
being	targeted	at	higher	risk	offenders,	it	also	highlights	that	program	supervision,	also	known	
as	addiction	recovery	supervision,	is	mostly	targeted	at	offenders	with	a	low	risk	of	recidivism	
(those	with	scores	of	1,	2,	or	3).	A	strong	body	of	research	indicates	that	too	much	treatment	or	
supervision	for	low-risk	offenders	can	actually	increase	recidivism.54	
	
Reentry	Planning	
Since	the	majority	of	individuals	released	from	Florida	prisons	are	released	without	supervision	
to	follow,	FDC	has	recognized	the	need	to	streamline	the	Departments	reentry	planning	
processes.	In	particular,	FDC	has	made	efforts	to	change	their	reentry	planning	philosophy	from	
a	process	that	occurs	directly	prior	to	release	to	a	more	front	end	approach	that	begins	the	day	
an	individual	walks	in	the	door.	While	FDC	reports	that	it	does	not	currently	have	enough	
programming	slots	to	provide	programming	to	every	offender	incarcerated,	FDC’s	newly	
established	Division	of	Development:	Improvement	and	Readiness	is	considering	changing	its	
policy	related	to	the	prioritization	of	programming	to	focus	programming	on	inmates	within	five	
years	of	release,	rather	than	the	current	policy	of	three	years	prior	to	release.55	
	
Reentry	programming	focuses	on	substance	abuse	treatment,	educational/academic,	
career/technical	education,	and	faith	and	character-based	programs.56	Currently,	programming	
decisions	are	determined	based	on	the	length	of	time	an	inmate	has	remaining	on	their	
sentence	and	the	results	of	the	Correctional	Integrated	Needs	Assessment	System	(CINAS).	
While	most	facilities	still	use	the	CINAS,	FDC	is	in	the	process	of	piloting	a	new	assessment	tool	
known	as	“Spectrum.”	FDC	reports	that	Spectrum	will	provide	them	with	information	on	the	
programming	and	treatment	needs	of	every	inmate	shortly	following	their	commitment	to	FDC.		
	
In	addition	to	the	steps	taken	by	FDC,	the	Florida	Legislature	has	introduced	legislation	to	
respond	to	inmate	reentry	needs	and	improve	the	overall	reentry	process	in	the	state.	In	2014,	
the	Florida	Legislature	passed,	and	the	Governor	subsequently	signed,	House	Bill	53,	which	

	

58	

	

requires	FDC	to	collaborate	with	the	Department	of	Health	and	the	Department	of	Highway	
Safety	Motor	Vehicles	to	provide	every	Florida-born	inmate	with	a	copy	of	their	birth	certificate	
and	a	state-issued	identification	card	prior	to	their	release.	State-issued	identification	cards	are	
often	a	necessary	reentry	document	in	order	for	an	individual	to	obtain	employment,	housing,	
or	apply	for	public	benefits.		
	
While	many	system	stakeholders	have	recognized	the	need	to	improve	the	reentry	process	in	
the	state,	individuals	released	from	prison	still	face	significant	barriers	due	to	the	many	
collateral	consequences	tied	to	a	felony	conviction.	For	example,	there	are	a	number	of	
offenses	that	require	suspension	or	revocation	of	an	individual’s	driver’s	license,	including	
possessing,	selling,	or	trafficking	a	controlled	substance,	theft	offenses,	passing	worthless	bank	
checks,	and	graffiti/criminal	mischief.	
	

Key	Findings	
	
•
•
•

Sixty-three	percent	of	prisoners	are	released	without	any	supervision	to	follow	
Violent	and	higher-risk	offenders	are	most	likely	to	have	post-release	supervision	
The	department	is	taking	steps	to	facilitate	reentry	for	individuals	released	without	
supervision,	but	they	still	face	many	collateral	consequences		

	

Recidivism		
	
Recidivism	has	declined	slightly	among	offenders	released	from	prison	in	Florida	in	the	last	five	
years,	driven	by	small	declines	in	one-year	recidivism	(return	to	prison	within	12	months	of	
release).		
	
While	recidivism	can	be	a	strong	measure	of	successful	outcomes	for	prisoners	released	into	
the	community,	it	can	also	be	driven	by	many	factors	besides	successful	rehabilitation.57	First,	
recidivism	may	be	driven	by	the	underlying	risk	of	the	population.	If	many	low-risk	offenders	
are	sent	to	prison,	this	will	lower	the	overall	recidivism	rate,	not	because	the	system	is	
successfully	rehabilitating	offenders	but	because	of	underlying	characteristics	of	the	offenders	
themselves.	Similarly,	return	to	prison,	the	measure	used	by	Florida,	can	be	sensitive	to	the	
amount	and	type	of	post-prison	release	surveillance	done.	Florida,	with	minimal	post-prison	
release	supervision,	may	have	a	lower	return-to-prison	rate	than	other	states	because	of	
underlying	dynamics	rather	than	agency	practices.	
	

	

59	

	

Recidivism	Rate	

Figure	53:	Slight	Decline	in	Recidivism	Rates	Since	2008	

40%	
35%	
30%	
25%	
20%	
15%	
10%	
5%	
0%	

Recidivism	Rates	by	Year	of	Release	
27.6%	

25.2%	

7%	

7%	

7%	

8%	

8%	

10%	

10%	

10%	

10%	

10%	

9%	

10%	

10%	

9%	

8%	

8%	

9%	

25-36	
Months	
13-24	
Months	
1-12	Months	

8%	

2008	 2009	 2010	 2011	 2012	 2013	 2014	
Year	of	Release	

	

Source:	Florida	Department	of	Corrections,	Florida	Prison	Recidivism	Report:	Releases	from	2008	to	2014	

	
Despite	these	limitations,	recidivism	is	a	useful	indicator	of	whether	individuals	released	from	
prison	are	likely	to	commit	future	crimes,	and	how	that	varies	by	underlying	characteristics	of	
the	individual.	
	
Looking	at	people	released	from	prison	in	2012	(who	have	three	years	of	follow-up	information	
available),	recidivism	varies	by	offense	type,	with	“other”	violent	offenses	(which	includes	
aggravated	assault,	battery,	and	arson)	having	the	lowest	recidivism	rate,	with	only	19	percent	
of	released	offenders	returning	within	three	years,	followed	by	burglary	at	22	percent.	
	

Figure	54:	Recidivism	Varies	from	19	Percent	for	“Other”	Violent	Crime	to	31	Percent	for	
Weapons	Offenses	
Recidivism	Rates	by	Primary	Offense	(2012	Releases)	
27%	

DRUGS	
MURDER/MANSLAUGHTER	
VIOLENT,	OTHER	
OTHER	
WEAPONS	
PROPERTY	THEFT/FRAUD/
SEXUAL/LEWD	BEHAVIOR	
ROBBERY	
BURGLARY	

23%	
19%	

27%	
31%	
25%	

22%	
0%	

10%	

20%	

30%	
29%	

30%	

40%	

Recidivism	Rate	
1-12	Months	

13-24	Months	

25-36	Months	

	

Source:	Florida	Department	of	Corrections,	Florida	Prison	Recidivism	Report:	Releases	from	2008	to	2014	

	

	

60	

	

Recidivism	also	varies	by	age.	Overall,	it	is	lowest	for	elderly	offenders	released	from	prison,	
fitting	with	the	lower	risk	profile	of	these	offenders	discussed	in	the	prior	section.	
	

Figure	55:	Elderly	Offenders	Have	Significantly	Lower	Recidivism	Than	Younger	Offenders	
Recidivism	Rates	by	Age	at	Release	(2012	Releases)	
11%	

Age	at	Release	

65+	
50-64	

21%	

35-49	

25%	

25-34	

25%	

Under	25	

30%	
0%	

5%	
10%	
15%	
20%	
25%	
30%	
1-12	Months	
13-24	Months	
25-36	months	

35%	

	
Source:	Florida	Department	of	Corrections,	Florida	Prison	Recidivism	Report:	Releases	from	2008	to	2014	

Key	Findings	
	
•

•
•

	

Recidivism	as	defined	by	how	many	prison	releases	return	to	prison	within	three	
years	has	declined	since	2008	from	27.6	percent	for	those	released	in	2008	to	25.2	
percent	for	those	released	in	2012	
Offenders	convicted	of	“other”	violent	crimes	and	burglary	have	the	lowest	
recidivism	rates	
Individuals	released	over	the	age	of	65	have	considerably	lower	recidivism	than	
those	released	at	younger	ages	

	
	

61	

	

CONCLUSION	
	
The	size	and	diversity	of	Florida’s	criminal	justice	system	make	it	a	challenge	to	summarize.	This	
report	reviewed	data	that	was	readily	available	to	try	to	piece	together	a	picture	of	some	of	the	
main	forces	and	issues	driving	the	size	and	composition	of	the	Florida	prison	population.	Still,	
much	remains	unknown,	either	because	data	does	not	exist,	was	unavailable,	or	was	not	able	to	
be	gathered	and	analyzed	in	the	period	of	this	contract.	
	
Further	data	development	or	review	as	discussed	below	may	help	the	legislature	better	
understand	Florida	systems	and	practices.	
	
Florida	Circuit	and	Specialty	Courts	
The	Office	of	the	State	Court	Administrator	(OSCA)	was	able	to	share	individual-level	data	from	
53	out	of	67	counties	in	the	state,	reaching	back	at	least	ten	years.	However,	several	large	
counties	—	including	Duval	County,	where	significant	growth	in	prison	admissions	took	place	
over	the	last	decade	—	were	not	represented	in	this	dataset.	In	addition,	much	of	the	data	
about	specific	cases	was	missing,	including	most	sentencing	information.	These	data	also	did	
not	have	sentencing	guidelines	information	such	as	total	sentencing	score,	prior	criminal	history	
points,	or	enhancements.	Instead,	CJI	mostly	used	sentencing	scoresheet	data	collected	by	the	
Florida	Department	of	Corrections	(FDC)	to	shed	insight	into	the	types	of	sentences	given.	As	
noted	in	the	Appendix,	the	sentencing	scoresheet	data	is	also	incomplete.	Full	data	from	all	67	
counties,	and	linked	or	complete	data	so	that	each	court	case	can	be	linked	to	a	sentencing	
scoresheet	and	prison	or	probation	admissions,	would	ensure	accurate	tracking	and	reporting	
of	sentencing	outcomes	and	changes	over	time.	
	
OSCA	also	collects	data	on	specialty	court	programs,	including	court-level	data	on	drug	court	
admissions	and	survey	information	from	each	court	on	eligibility	requirements,	capacity,	and	
other	important	issues.	However,	most	of	this	data	collection	does	not	extend	to	other	types	of	
specialty	courts	such	as	mental	health	courts	and	DUI	courts.	Risk	information	is	not	collected	
from	the	majority	of	courts,	although	this	is	an	important	indicator	of	whether	specialty	court	
programs	are	being	targeted	to	the	right	population.	In	addition,	although	OSCA	collects	
numbers	of	participants	completing	each	year,	these	numbers	are	not	linked	to	admissions	in	a	
way	that	allows	any	evaluation	of	success	or	failure	rates	without	more	extensive	data	analysis.	
Ideally,	admission	cohorts	would	be	tracked	in	such	a	way	that	success	and	failure	can	be	
accurately	tracked	over	time.	
	
Revocations	
FDC	has	impressive	data	systems	and	reporting.	One	area	where	improvement	may	be	
warranted	is	in	the	links	between	community	supervision	data	and	data	used	to	track	and	
manage	the	prison	population.	In	its	general	reporting,	FDC	does	not	consider	technical	
violations	of	supervision	to	be	new	admissions,	and	what	CJI	referred	to	as	“post-release	
revocations”	are	not	included	in	normal	FDC	admission	counts.	They	are	also	not	tracked	in	

	

62	

	

regular	reports	on	length	of	stay.	Although	this	is	a	small	group,	prison	resources	are	used	to	
process	them	in	and	out	for	short	stays.		
	
In	addition,	although	FDC	is	supervising	probationers	and	those	on	community	control,	it’s	not	
possible	to	tell	how	many	of	the	admissions	coming	in	the	door	to	prison	are	for	new	crimes	or	
technical	violations,	what	the	underlying	crime	is	versus	the	new	crime	if	there	is	one,	and	how	
long	technical	violators	of	probation	stay	in	prison.	Using	scoresheet	data,	CJI	was	able	to	make	
rough	estimates	of	these	questions,	but	given	the	limitations	of	the	scoresheet	data,	there	may	
be	much	better	ways	to	do	this	by	linking	administrative	datasets	from	community	supervision	
and	prison	admission.	More	detailed	information	on	the	number	and	types	of	violations	leading	
to	revocation	to	prison	and	how	they	affect	prison	sentences	may	also	help	state	and	local	
agencies	and	the	legislature	monitor	and	evaluate	innovative	court	and	agency	programs	that	
target	violations	and	revocations.		
	
	

	

63	

	

APPENDIX:	DATA	AND	INTERVIEW	SOURCES	
AND	METHODOLOGY	
	
The	data	used	in	this	report	is	a	combination	of	aggregate	data	from	pre-existing	sources	and	
new	analysis	of	individual	level	administrative	data	gathered	by	the	Florida	Department	of	
Corrections.	
	
The	following	data	sources	were	pulled	from	public	websites:	
• Bureau	of	Justice	Statistics,	National	Prisoners	Series	data	on	prison	populations	and	
imprisonment	rates.	This	is	a	50-state	and	federal	set	of	comparable	data	across	time.	
Accessed	at:	https://www.bjs.gov/index.cfm?ty=nps	
• Federal	Bureau	of	Investigations,	Uniform	Crime	Report	data	on	violent	and	property	
crimes	and	crime	rates	in	Florida,	the	United	States,	and	individual	Florida	counties	
(aggregated	up	to	the	county	level	from	reporting	law	enforcement	agencies	in	each	
county).	Accessed	at:	https://www.ucrdatatool.gov/	
• Florida	Department	of	Law	Enforcement,	Uniform	Crime	Report	data	on	arrests	and	
arrest	rates	by	year.	Accessed	at:	http://www.fdle.state.fl.us/cms/FSAC/DataStatistics/UCR-Arrest-Data.aspx	
• Florida	Office	of	the	State	Courts	Administrator,	Trial	Court	Statistics	data	on	circuit	
criminal	counts	and	defendants	by	month	and	year.	Accessed	at:	
http://trialstats.flcourts.org/	
• Florida	Department	of	Corrections,	Annual	and	Monthly	Reports	on	community	
supervision	populations	and	admissions	by	year.	Accessed	at:	
http://www.dc.state.fl.us/pub/spop/2017/01/index.html	
Non-public	data	shared	with	CJI	in	aggregate	form	included:	
• Drug	court	admissions	and	population	by	court,	by	year,	shared	by	the	Office	of	the	
State	Court	Administrator.	
Interviews	with	agency	staff	and	other	stakeholders	across	the	state	helped	to	fill	out	the	policy	
and	practice	picture.	Altogether,	22	individuals	were	interviewed	or	helped	arrange	interviews,	
pull	data,	or	otherwise	provide	contextual	information:	
• Lee	Adams,	Chief	of	Sentence	Structure,	Florida	Department	of	Corrections	
• Beth	Atchison,	Southern	Regional	Director,	Florida	Department	of	Corrections		
• Michael	Burke,	Data	Analyst,	Florida	Department	of	Corrections			
• James	Clark,	Legislative	Policy	Analyst,	Office	of	Program	Policy	Analysis	and	
Governmental	Accountability				
• Nancy	Daniels,	Former	Public	Defender,	Second	Circuit	Public	Defender’s	Office	and	
Florida	Public	Defender’s	Association		
• Ricky	Dixon,	Assistant	Secretary	for	Institutions,	Florida	Department	of	Corrections	

	

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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

David	Ensley,	Chief	of	Research	and	Data	Analysis,	Florida	Department	of	Corrections			
Judge	Ronald	Ficarrotta,	Chief	Judge,	Thirteenth	Judicial	Circuit	
Steven	Fielder,	Chief	of	Staff	to	Secretary	Jones,	Florida	Department	of	Corrections		
Gina	Giacoma,	Director	of	Administration,	Florida	Commission	on	Offender	Review		
Jennifer	Grandal,	Senior	Court	Operations	Consultant,	Office	of	the	State	Courts	
Administrator		
Kristina	Hartman,	Chief	of	Programs,	Division	of	Development:	Improvement	and	
Readiness,	Florida	Department	of	Corrections	
Caleb	Hawkes,	Legislative	Affairs	Director,	Florida	Commission	on	Offender	Review		
Julie	Jones,	Secretary,	Florida	Department	of	Corrections		
Brad	Locke,	Chief	of	Applied,	Research	and	Policy,	Division	of	Development:	
Improvement	and	Readiness,	Florida	Department	of	Corrections	
Claire	Mazur,	State	Director,	Office	of	Program	Policy	Analysis	and	Governmental	
Accountability		
Rusty	McLaughlin,	Chief	of	Classification,	Florida	Department	of	Corrections	
Sarah	Naf,	Chief	of	Legislative	Affairs,	Office	of	State	Courts	Administrator			
Jenny	Nimer,	Assistant	Secretary	for	Community	Corrections,	Florida	Department	of	
Corrections	
Rose	Patterson,	Chief	of	Education	and	Improvement,	Office	of	the	State	Courts	
Administrator		
Abe	Uccello,	Director	of	Development,	Division	of	Development:	Improvement	and	
Readiness,	Florida	Department	of	Corrections		
Joe	Winkler,	Deputy	Regional	Director,	Florida	Department	of	Corrections		

Finally,	the	remainder	of	the	analysis	was	done	using	Florida	Department	of	Corrections	(FDC)	
individual-level	offender	data	files.	FDC	shared	six	major	individual-level	data	files	with	CJI:	
• Prison	admissions,	CY2007-CY2016,	including	prior	admissions	for	those	admitted	during	
the	2007-2016	period	
• Prison	status	population	snapshots	from	December	31	of	each	year,	2007-2016	
• Prison	releases,	CY2007-2016	
• All	related	offense	information	for	offenders	included	in	the	three	files	above	
• Intakes,	CY2007-2016,	including	everyone	admitted	to	FDC	custody	not	considered	a	
new	admission	(this	included	both	technical	violators	of	certain	kinds	of	supervision,	and	
returns	from	court,	returns	from	escape,	and	other	intake	types	which	were	excluded	as	
discussion	below)	
• Sentencing	scoresheets	filed	with	FDC,	CY2006-2015	
Below	we	describe	how	we	cleaned	and	analyzed	the	data	from	these	six	FDC	data	files.	
	
Whenever	possible,	CJI	used	FDC’s	data	definitions	and	categories.	For	instance,	offense	type	
and	offense	category	are	four	and	nine	group	categories	used	by	FDC,	which	CJI	also	used.	

	

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When	these	categories	were	not	included	in	a	particular	dataset,	CJI	matched	them	in	based	on	
the	primary	offense	name	and	code	given	in	both	datasets.	
CJI	further	categorized	drug	crimes	into	four	categories	based	on	the	conduct:	
• Simple	possession	
• Sale/manufacturing/delivery	
• Trafficking	
• Other	drug	crime	(this	includes	purchase	or	intent	to	purchase)	
These	four	categories	were	used	to	aggregate	drug	crimes	up	from	the	specific	drug	type	and	
weight	without	losing	all	information	about	conduct.	
	
CJI	also	categorized	admissions	into	three	major	types:	
• Newly	sentenced	prisoners:	This	includes	all	offenders	who	were	not	on	supervision	
before	prison	admission,	as	defined	by	an	FDC	flag.	
• Probation	revocations:	This	consists	of	everyone	admitted	on	a	new	sentence	who	was	
on	supervision	before	prison	admission	as	defined	by	the	flag	probation	violator	in	the	
FDC	admissions	dataset	or	the	“Under	Supervision”	flag	in	the	sentencing	scoresheets	
dataset.	There	may	be	some	revocations	of	community	control	and	other	supervision	
types	included	in	this	category.	Technical	violators	of	probation	and	community	control	
would	also	be	included	in	this	category.	
• Release	revocations:	These	are	technical	violators	from	post-release	supervision	such	as	
conditional	release	and	parole.	They	are	not	counted	in	typical	FDC	admission	counts	
because	they	do	not	have	a	new	sentence	or	a	new	admission	date.	They	were	added	to	
the	admission	file	using	the	“intake	date”	from	the	intake	file	and	the	admission	code.	
Only	intakes	with	the	admission	codes	“COND.	VIO.	NO	N/S”	“COND.MED.REL.RETURN”	
“CNTL.REL.VIOLATOR”	“PROG.SUPV.	VIOL”	RET	SCRP	N/S”	“COND.MED.REL.VIOL.”	“PRS	
VIOLATOR”	“COMMUTATION/RETURNED”	and	“PAR.VIO-NO	N/S”	were	retained	and	
added	to	any	admissions	for	the	listed	admission	codes	to	make	up	this	category.	These	
intake	dates	were	also	added	in	to	the	release	file	(substituting	for	repeated	admission	
dates	linked	to	multiple	release	dates)	to	determine	length	of	stay	in	prison	for	these	
violation	types.	
Examining	sentence	lengths,	CJI	used	the	total	sentence	length	variable	defined	by	FDC	to	
calculate	sentence	averages.	Life	and	death	sentences	were	included	in	averages	with	a	
substituted	value	of	50	years.	When	calculating	the	percentage	of	sentence	served,	these	
sentences	were	filtered	from	the	calculation,	as	were	sentences	for	offenses	committed	before	
October	1,	1995	since	these	were	not	subject	to	the	85	Percent	law.	
	
Primary	offense	degree,	severity	level,	and	criminal	history	were	merged	into	the	admissions,	
status,	and	release	files	from	the	full	offense	files.	To	determine	whether	an	individual	had	a	
history	of	violent	crime,	all	prior	offenses	were	coded	as	either	violent	or	nonviolent	based	on	
the	FDC	offense	type,	and	then	the	offender	was	coded	as	having	any	prior	or	current	violent	
crime,	whether	or	not	these	were	the	primary	offenses	for	the	current	or	prior	admissions.	
Twelve	percent	of	status	population	records	were	not	able	to	be	matched	to	full	offense	

	

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records,	meaning	felony	degree	and	criminal	history	information	is	not	complete.	The	vast	
majority	of	these	unmatched	records	were	for	offenders	in	prison	with	current	violent	crimes.	
	
The	sentencing	scoresheet	data	was	pulled	separately	from	the	other	data	in	response	to	a	
different	data	request	and	then	shared	with	CJI.	For	this	reason,	2016	data	was	not	complete	
and	was	not	used	in	the	analysis.	The	sentencing	scoresheet	data	filed	with	FDC	is	missing	
cases,	as	discussed	in	the	FDC	Sentencing	Reports	(see	
http://www.dc.state.fl.us/pub/sg_annual/1516/sg_annual-2016.pdf	for	the	most	recent	
report).	Comparing	the	number	of	sentences	to	prison	recorded	in	the	sentencing	scoresheets	
versus	the	number	of	people	admitted	to	prison	with	a	new	sentence	gives	evidence	of	this	
missingness.	In	2006,	26	percent	of	prison	admissions	did	not	have	a	corresponding	scoresheet	
available.	By	2015,	this	missingness	declined	to	12	percent	(it	fell	rapidly	from	2006-2008	and	
since	then	has	varied	from	10	to	16	percent).	It	is	unknown	whether	non-prison	sentences	are	
more	or	less	underrepresented	in	the	scoresheet	data.	In	either	case,	the	decline	in	prison	
sentences	given	from	2006	to	2015	may	be	understated	in	the	scoresheet	data	because	of	the	
higher	number	of	missing	scoresheets	in	the	earlier	year.	
	
To	determine	the	sentence	given	in	the	scoresheet	data,	flags	for	each	sentence	type	were	
compared	and	the	most	serious	sentence	given	was	selected,	with	seriousness	defined	as	state	
prison	>	county	jail	>	community	control	>	probation.	If	a	defendant	was	given	a	split	sentence	
the	sentence	was	recorded	as	the	most	serious	part	of	that	split	sentence.	County	jail	sentences	
may	include	sentences	given	of	time	served	pretrial,	where	none	of	the	incarceration	time	was	
actually	served	post-adjudication.	Prison	sentences	may	also	include	some	or	all	time	served	
pretrial.	
	
In	addition	to	the	analysis	presented	in	the	report,	CJI	ran	more	than	175	tables	cross-tabbing	
and	summarizing	variables	of	interest	in	these	datasets.	The	full	analytical	results	will	be	shared	
with	OPPAGA.	
	
																																																								
1

	National	Association	of	State	Budget	Officers	(1987),	“The	State	Expenditure	Report,”	
http://www.nasbo.org/sites/default/files/ER_1987.PDF;	National	Association	of	State	Budget	Officers	(2007),	State	
Expenditure	Report	Fiscal	2006”,	http://www.nasbo.org/sites/default/files/ER_2006.pdf.	Note:	Comparison	
excludes	capital	expenditures.				
2
	National	Association	of	State	Budget	Officers,	“Examining	Fiscal	State	Spending	2014-2016,”	
https://www.nasbo.org/mainsite/reports-data/state-expenditure-report.	
3
	Bureau	of	Justice	Statistics	(2016),	“Prisoners	in	2015”,	http://www.bjs.gov/content/pub/pdf/p15.pdf.	
4
	Federal	Bureau	of	Investigation,	Uniform	Crime	Reports,	UCR	Data	Tool,	accessed	at	
http://www.ucrdatatool.gov/Search/Crime/State/StateCrime.cfm	
5
	Federal	Bureau	of	Investigation,	(2016),	“Crime	in	the	United	States	2015,”	Table	5,	accessed	at:	
https://ucr.fbi.gov/crime-in-the-u.s/2015/crime-in-the-u.s.-2015/tables/table-5	
6
	Pew	Public	Safety	Performance	Project	(2016),	“National	Imprisonment	and	Crime	Rates	Continue	to	Fall,”	
http://www.pewtrusts.org/~/media/assets/2016/12/national_imprisonment_and_crime_rates_continue_to_fall_
web.pdf		
7
	Fla.	State.	§	948.08(1)(h)1	
8
	Florida	Criminal	Justice	Estimating	Conference,	February	2017.	

	

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9

	Florida	Department	of	Corrections	and	Office	of	State	Courts	Administrator,	“Florida	Criminal	Punishment	Code,	
Scoresheet	Preparation	Manual”	http://www.dc.state.fl.us/pub/sen_cpcm/cpc_manual.pdf.	
10
	Fla	Stat.	§	775.082		
11
	Florida	Department	of	Corrections	and	Office	of	State	Courts	Administrator,	“Florida	Criminal	Punishment	Code,	
Scoresheet	Preparation	Manual”	http://www.dc.state.fl.us/pub/sen_cpcm/cpc_manual.pdf.	
12
	Ibid.	
13
	Florida	Department	of	Corrections,	Florida’s	Criminal	Punishment	Code:	A	Comparative	Assessment,	
http://www.dc.state.fl.us/pub/sg_annual/0001/		
14
	Fla.	Stat.	§	921.0026		
15
	Ibid.		
16
	Ibid.		
17
	Ibid.		
18
	Florida	Department	of	Corrections	and	Office	of	State	Courts	Administrator,	“Florida	Criminal	Punishment	Code,	
Scoresheet	Preparation	Manual”	http://www.dc.state.fl.us/pub/sen_cpcm/cpc_manual.pdf.	
19
	Fla.	Stat.	§	948.001		
20
	Note	that	these	numbers	are	smaller	than	the	actual	number	of	admissions	to	prison	for	these	crimes	because	of	
missing	scoresheets.	
21
	The	Florida	Senate,	Committee	on	Criminal	Justice,	Interim	Project	Report	2006-109,	“Review	of	Sanctions	
Ordered	for	Violations	of	Probation”		
http://archive.flsenate.gov/data/Publications/2006/Senate/reports/interim_reports/pdf/2006-109cj.pdf		
22
	Fla.	Admin.	Code.	R.	33-601.101	(2017).		
23
The	Florida	Senate,	SPB7066	Bill	Analysis	and	Fiscal	Impact	Statement	
(2015)https://www.flsenate.gov/Session/Bill/2016/7066/Analyses/2016s7066.pre.cj.PDF	.		
24
	Ibid.		
25
	The	offenses	which	apply	to	the	10-20-life	law	include:	murder,	sexual	battery,	robbery,	burglary,	arson,	
aggravated	battery,	kidnapping,	escape,	aircraft	piracy,	aggravated	child	abuse,	aggravated	abuse	of	an	elderly	
person	or	disabled	adult,	unlawful	throwing,	placing,	or	discharging	or	a	destructive	device	or	bomb,	carjacking,	
home-invasion	robbery,	aggravated	stalking,	drug	trafficking,	and	possession	of	a	firearm	by	a	felon.	
26
	Fla.	Stat.	§	775.087		
27
	Ibid.		
28
	Ibid.		
29
	Fla.	Stat.	§	775.084		
30
	Ibid.		
31
	Habitual	violent	provision	applies	to:	arson,	sexual	battery,	robbery,	kidnapping,	aggravated	child	abuse,	aggravated	abuse	
of	an	elderly	person	or	disabled	adult,	murder,	manslaughter,	aggravated	manslaughter	of	a	child,	unlawful	throwing,	placing,	
or	discharging	or	a	destructive	device	or	bomb,	home-invasion	robbery,	aggravated	stalking,	aggravated	battery	and	armed	
burglary.	

32

	Fla.	Stat.§	775.082		
	Prison	Releasee	applies	to	treason,	murder,	manslaughter,	sexual	battery,	carjacking,	home-invasion	robbery,	robbery,	

33

arson,	kidnapping,	aggravated	assault	with	a	deadly	weapon,	aggravated	battery,	aggravated	stalking,	aircraft	piracy,	unlawful	
throwing,	placing,	or	discharging	of	a	destructive	device	or	bomb,		,	any	felony	that	involves	the	use	or	threat	of	physical	force	
or	violence	against	an	individual,	armed	burglary,	burglary	of	a	dwelling	or	burglary	of	an	occupied	structure,	carrying	a	weapon	
during	offense,	lewd	and	lascivious	offenses	with	victim	under	age	of	16,,	child	abuse	and	neglect	offenses,	use	of	and	
promoting	sexual	performance	by	a	child	and	child	pornography..		

34

	Fla.	Stat.	§	775.084		
	Three-Time	Violent	applies	to:	all	offenses	on	the	habitual	violent	offender	list	(arson,	sexual	battery,	robbery,	
kidnapping,	aggravated	child	abuse,	aggravated	abuse	of	an	elderly	person	or	disabled	adult,	murder,	
manslaughter,	aggravated	manslaughter	of	a	child,	unlawful	throwing,	placing,	or	discharging	or	a	destructive	
device	or	bomb,	home-invasion	robbery,	aggravated	stalking,	aggravated	battery	and	armed	burglary)	and		as	well	
as	carjacking.		

35

	

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36

	Violent	Career	Criminal	applies:	any	forcible	felony,	aggravated	stalking,	aggravated	child	abuse,	aggravated	
abuse	of	an	elderly	person	or	disabled	adult,	lewd	or	lascivious	battery,	molestation,	conduct,	or	exhibition,	
escape,	or	any	felony	violation	involving	the	use	or	possession	of	a	firearm.	
37
	Fla.	Stat.	§	812.014		
38
	National	Conference	of	State	Legislators	(2015),	“Making	Sentence	of	Sentencing:	State	Systems	and	Policies,”	
https://www.ncsl.org/documents/cj/sentencing.pdf	
39
	Fla.	Stat.	§	944.02(4)		
40
	Fla.	Stat.	§944.275(4)(c)		
41
	Devers,	Lindsey.	Desistance	and	Developmental	Life	Course	Theories:	Research	Summary.	Rep.	N.p.:	Bureau	of	
Justice	Assistance,	2011.	https://www.bja.gov/Publications/DesistanceResearchSummary.pdf	
42
	A	2010	study	by	the	Vera	Institute	of	Justice	stated	that	as	of	2009,	15	states	had	some	type	of	specific	geriatric	
release	policy.	Many	other	states	have	indeterminate	sentencing	systems	which	may	allow	for	parole	or	other	
early	release	accounting	for,	but	not	based	on,	age.	Vera	Institute	of	Justice	(2010)	“It’s	About	Time:	Aging	
Prisoners,	Increasing	Costs,	and	Geriatric	Release,”	accessed	at:	
http://archive.vera.org/sites/default/files/resources/downloads/Its-about-time-aging-prisoners-increasing-costsand-geriatric-release.pdf	
43
	B	Jay	Annot	et	al.,	Correctional	Health	Care:	Addressing	the	Needs	of	Elderly,	Chronically	Ill,	and	Terminally	Ill	
Inmates,	U.S.	Department	of	Justice,	National	Institute	of	Corrections,	2004.	
44
	Florida	Department	of	Corrections,	2014-2015	Annual	Report.		
45
	Fla.	Admin.	Code.	R.	33-601.217	(2016).		
46
	Fla.	Stat.§944.275	
47
	Bureau	of	Justice	Statistics,	(1999),	“Truth	in	Sentencing	in	State	Prisons,”	Accessed	at:	
https://www.bjs.gov/content/pub/ascii/tssp.txt	
48
	Ibid.		
49
	Ibid.		
50
	Ibid.		
51
	Bureau	of	Justice	Statistics,	Prisoners	in	2013,	Table	17.	Accessed	at:	
https://www.bjs.gov/content/pub/pdf/p13.pdf	
52
	Ibid.	
53
	Bonta,	James	and	D.A.	Andrews	(2007)	The	Risk-Needs-Responsivity	Model	for	Offender	Assessment	and	
Rehabilitation.		
54
	Latessa,	Edward	and	Christopher	Lowenkamp	(2006),	«	What	Works	in	Reducing	Recidivism	?	»,	Accessed	at	:	
https://www.uc.edu/content/dam/uc/ccjr/docs/articles/What_Works_STLJ.pdf		
55
	Conference	call	with	Abe	Uccello,	FDC	Director	of	Development.		
56
	Conference	call	with	Kristina	Hartman,	FDC	Chief	of	Programming.		
57
	King,	Ryan	and	Brian	Elderbroom,	(Oct	2014),	“Improving	Recidivism	as	a	Performance	Measure,”	Accessed	at:	
http://www.urban.org/research/publication/improving-recidivism-performance-measure	
	
	

	

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