FLORIDA DEPARTMENT OF CORRECTIONS

Transcription

1 FLORIDA DEPARTMENT OF CORRECTIONS Florida s Criminal Punishment Code: A Comparative Assessment September 8 Julie L. Jones, Secretary A report to the Florida Legislature detailing Florida s Criminal Punishment Code

2 TABLE OF CONTENTS Executive Summary... 3 I. Introduction Overview of Florida s Sentencing Policies Narrative on Introductory Statistics Introductory Statistics II. Offense to Sentence Date Lag Time Comparison.... Narrative on the Lag Issue...-. Comparative Statistics III. Comparative Description Narrative on Comparative Statistics Recommended Sanction and Sanction Imposed Sanction Imposed by Circuit/County Sanction Imposed by Offense Type/Severity Level Prior and Additional Offenses Mitigation Appendices Admissions to Prison by County of Commitment Admissions to Prison by Circuit of Commitment Criminal Punishment Code Scoresheet Florida s Criminal Punishment Code September 8

3 Florida s Criminal Punishment Code: A Comparative Assessment Offenses Committed On or After October, 998 Executive Summary In 997, the Florida Legislature created a new sentencing structure, the Florida Criminal Punishment Code ( Code ). The Code is Florida s primary sentencing policy. It is unique in that it has features of both structured and unstructured sentencing policies. From a structured sentencing perspective, the Code provides for a uniform evaluation of relevant factors present at sentencing, such as the offense before the court for sentencing, prior criminal record, victim injury, and others. It also provides for the lowest permissible sentence that the court must impose in any given sentencing event, absent a valid reason for departure. The Code also contains some characteristics of unstructured sentencing, such as broad judicial discretion and the allowance for the imposition of lengthy terms of incarceration. The Code is effective for offenses committed on or after October, 998 and is unlike the state s preceding sentencing guidelines, which provided for narrow ranges of permissible sentences in all non-capital sentencing events. The intent of this report is to address the requirement set forth in Florida Statute 9.(4)(a) to analyze sentencing events under the Florida Criminal Punishment Code. Each year, the Department of Corrections is required to report on trends in sentencing practices and sentencing score thresholds, and provide an analysis of the sentencing factors considered by the courts. In this report, a comparison is made between the Criminal Punishment Code sentences received in FY 6-7 and FY 7-8. Since January, 994, the has collected over.7 million scoresheets on felony offenders sentenced in Florida courts under the state s Sentencing Guidelines and Criminal Punishment Code. This report describes the 6,656 Criminal Punishment Code scoresheets with sentence dates in FY 7-8 received by the Florida Department of Corrections through September, 8, for felony offenses committed on or after October, 998. It also compares 85,444 Criminal Punishment Code scoresheets received by the through September, 8, for felony offenses committed on or after October, 5 and sentence dates in Fiscal Year 7-8 with 8,55 Criminal Punishment Code scoresheets with offense dates on or after October, 5 and sentence dates in Fiscal Year 6-7. Florida s Criminal Punishment Code 3 September 8

4 PART I INTRODUCTION Florida s Criminal Punishment Code 4 September 8

5 Overview of Florida s Sentencing Policies History of Sentencing Policy Unstructured Sentencing Prior to October, 983, courts sentenced in accordance with the provisions of law that permitted a wide range of judicial discretion in the sentencing decision. Sanctions ranged from a fine up to state prison incarceration. The statutory maximum penalties of incarceration in state prison were: Five years for a felony of the third degree; Fifteen years for a felony of the second degree; Thirty years for a felony of the first degree, and; Life for a life felony. This was a form of an indeterminate sentencing policy because most offenders sentenced to prison were, by law, parole eligible. Parole was a discretionary early release policy, which obviously had a significant impact upon both the percentage and the actual amount of time served. Structured Sentencing/Sentencing Guidelines The Florida Sentencing Guidelines represent the state s structured policy with respect to the sentencing of non-capital felony offenders. There are three distinct versions of the guidelines currently in operation in Florida. They each: Provide for a uniform set of standards to guide the sentencing court in sentencing decisions; Evaluate relevant factors present at sentencing relating to the offense or offenses and the defendant s prior criminal behavior; Are attempts to provide for truth in sentencing and eliminate unwarranted disparity in sentencing decisions; Focus on ensuring that the punishment is commensurate with the offenses before the court for sentencing, and; Are mathematically based and provide a means to address several policy areas. Florida s Criminal Punishment Code 5 September 8

6 Every assessment of points reflects a policy statement regarding the relative severity of a criminal behavior. Each policy is represented on its respective scoresheet, which must be completed for each felony defendant prior to sentencing. The 983 Sentencing Guidelines Due to concerns regarding actual and percent of time served as well as concerns regarding a lack of uniformity in sentencing, the 983 Florida Sentencing Guidelines were enacted October, 983 and parole eligibility was abolished for almost all offenses committed after that date. These guidelines are currently in effect for all non-capital felony offenses that were committed on or after October, 983 and before January, 994. The 983 Sentencing Guideline structure was comprised of nine separate worksheets for specified offense categories such as murder, sexual offenses, drug offenses, etc. All offenses were contained in one of these categories. Within each worksheet, points were assessed for offenses to be sentenced and prior record offenses based on the number of offenses and each offense s felony degree. Assessments were made for legal status and victim injury. scores fell into sentencing ranges or cells, for each worksheet. The least severe cell provided for a non-state prison sanction and the most severe cell provided for 7 years to life in prison. Departure sentences were permissible, as long as, written reasons were provided. Several factors eventually eroded the integrity of the truth in sentencing aspect of the 983 sentencing guidelines. Some of these factors included an epidemic of crack cocaine-related offense activity, which resulted in an unanticipated impact upon correctional resources, the passage of unfunded mandatory minimum sentence legislation, and significant growth in the population of the State of Florida. As a result of these and other factors, the percentage of time served and actual time served declined. By 989, the average percentage of time served was 34 percent. This lack of system integrity was the impetus for the creation of a new sentencing guideline structure. Florida s Criminal Punishment Code 6 September 8

7 The 994 Sentencing Guidelines The 994 Sentencing Guidelines were enacted through the passage of the Safe Streets Act. These guidelines were created with the recognition that prison resources are finite and that the use of state incarceration should be focused upon offenders who commit serious or violent offenses, or who offend repetitively. The 994 guidelines repealed the grant of basic gain time, evidencing the legislature s re-commitment to truth in sentencing. These sentencing guidelines are in effect for all non-capital felony offenses committed on or after January, 994 and before October, 995. The structure of the 994 Sentencing Guidelines has little similarity to the 983 structure. The structure created attempted to resolve some of the problems inherent in the preceding structure, such as the nine separate worksheets, the lack of offense-specific detail and the issue of grouping crimes by category. The structure of the 994 guidelines: Ranks all non-capital felonies in one of offense severity levels. Level is the least severe ranking and reflects the most serious felonies. Each of the rankings has an associated point value in each of three elements subject to scoring: primary offense, additional offense(s), and prior record. Point values escalate as the rank increases. Every offense scored is provided its corresponding point value in these areas, with the emphasis of points lying in the area of the primary offense. Includes other policy levels through an assessment of points for a variety of other factors such as: victim injury, legal status, supervision violations, and others. Under the 994 structure, the total guidelines score determines the sanction and a range of length of sanction when state prison is applicable. There are basically three categories of sanction based upon total scores. There are ranges of score which:. Mandate a non-state prison sanction when the total score is 4 points or less. Florida s Criminal Punishment Code 7 September 8

8 . Provide for discretionary prison or non-state prison sanction when the total score is greater than forty and less than 5 points. 3. Mandate a state prison sanction when the total score exceeds 5 points. The length of prison is determined by subtracting 8 from the total sentence points to derive the total prison months. The court has the discretion to increase or decrease the sanction by 5%. This provided for a relatively narrow range for the imposition of a guideline sentence. The 995 Sentencing Guidelines The 994 Sentencing Guidelines were significantly amended in 995 through the passage of the Crime Control Act of 995. The basic structure of the 994 sentencing guidelines remained; however, point values were increased in a variety of areas and additional policy levers were created to provide for greater sanctions. The 995 guidelines are in effect for offenses committed on or after October, 995 through September 3, 998. The Heggs ruling stated that the use of the 995 Sentencing Guidelines for offenses between October, 995 and May 4, 997 is unconstitutional. However, the 995 Sentencing Guidelines are used for offense dates between May 5, 997 and September 3, 998. The guidelines were slightly modified in both 996 and 997, again providing for increased sanctions and sanction length in certain instances. The Criminal Punishment Code The Criminal Punishment Code became effective for offenses committed on or after October, 998. The guidelines are repealed for all offenses committed on or after October, 998 but remain in effect for offenses committed prior to this date. The Code contains features of both structured and unstructured sentencing policies. It maintains many of the goals of guidelines sentencing. Compared to the guidelines however, the Code allows for greater upward discretion in sentencing, provides for increased penalties, and lowers mandatory prison thresholds. Florida s Criminal Punishment Code 8 September 8

9 The Code significantly alters the sentencing policy in a variety of respects. One of the most notable changes is the significant broadening of upward discretion in the sentencing policy. Under the sentencing guidelines, the upward discretion was 5 percent above the state prison months determined by the calculation. Under the Code, the maximum sentence for any felony offense is determined by the statutory maximums as provided in Florida Statute (F.S.) Felony Degree Years in Prison Life Felony Up to Life st Up to 3 nd Up to 5 3 rd Up to 5 This has two effects that are divergent from the preceding guidelines. First, all felony offenders have the potential to receive a prison sentence, whereas many under the guidelines were by policy excluded from such a possibility. Second, the maximums of F. S usually will provide for far greater sentence lengths than were permissible under the guidelines. Another significant change is the determination when a prison sentence becomes mandatory under the new sentencing policy. The basic structure of the sentencing policy has not changed with respect to point determinations. Sentencing point thresholds for sentence calculations have, however, undergone significant revisions.. If total points are equal to or less than 44, the lowest permissible sentence is a non-state prison sanction. (However, state prison up to the statutory maximum can be imposed.). If total points exceed 44, the minimum sentence is established by taking the total point value subtracting 8 and decreasing the remaining value by 5%. This end result value is the lowest permissible prison sentence in months. This means that only those offenders scoring 44 or fewer points may receive a nonstate prison sanction under the code. All others must receive a state prison sanction, absent downward departure from this structure. The threshold under the guidelines for mandatory prison incarceration was 5 points. Florida s Criminal Punishment Code 9 September 8

10 Department of Corrections Responsibilities The Department was provided a variety of responsibilities regarding the sentencing policy with respect to the 994 and subsequent versions of the law. Florida Statute 9 requires the Department to: Develop the scoresheet and any revisions of the scoresheet for approval by the Supreme Court and supply Sentencing Guidelines and Criminal Punishment Code scoresheets to the appropriate criminal justice entities in the state; Prior to July,, the Department had a coequal responsibility to prepare scoresheets with the state attorneys. However, the Department of Corrections continued to complete scoresheets which had been ordered by the courts prior to July,. In addition, there were transitional issues involved in transferring this responsibility to the state attorneys. This resulted in 9.7% of scoresheets received during FY - having been prepared by the Department of Corrections; Assist the Criminal Justice Estimating Conference in estimating correctional impact of proposed changes to the code; Provide the Legislature by October of each year a report detailing the rate of compliance of each Judicial Circuit in providing scoresheets to the Department; and, Provide the Legislature an annual report detailing trends in sentencing and an analysis thereof by October of each year. The SAGES (Sentencing Analysis and Guidelines Entry Systems) database The Department developed a database in 994 to be used as a mechanism to allow for the storage of completed scoresheets and allow for more accurate, legible and efficient scoresheet preparation. This report is derived primarily from the information on sentencing scoresheets received by the Department from the clerks of the courts and entered into SAGES. Florida s Criminal Punishment Code September 8

11 The following should be considered when evaluating this and other information derived from this database: The information is compiled from a database containing sentencing scoresheets received by the Department of Corrections for offenses with dates of commission on or after January, 994. The information is based on the scoresheets in the database with dates of sentence in Fiscal Year 7-8 and offenses on or after October, 998, entered as of September, 8. Because the rate of scoresheet submissions is never %, there is always information missing that could potentially affect the analysis. When this report was run, the statewide compliance rate was 93.3% for Fiscal Year 7-8. Though the Department retrieves and includes in the database omitted information from a scoresheet that is critical, no effort is made to correct preparation error or errors recorded on scoresheets regarding the sentence imposed. The Department does not have the authority to amend an official court document. Conversely, there is a responsibility to record the information as received. Florida s Criminal Punishment Code September 8

12 Introductory Statistics FACT: There were 6,656 Punishment Code scoresheets with offense dates on or after October, 998 with sentencing dates during FY 7-8 entered into the sentencing scoresheet database, as of September, 8. FINDINGS: The number of Code scoresheets received by month of sentence fluctuated from a high of,687 to a low of 8,75 from July, 7 to June 3, 8 (Figure ). For the time period July 7 through June 8, Code scoresheets represent the majority (99.9%) of the total scoresheet submissions. Throughout the fiscal year, more than ninety-nine percent of the scoresheets represented sentencing events under the Florida Criminal Punishment Code (Table ). About a quarter (.6%) of the offenders sentenced under the Code were considered youthful offenders at the time of sentencing (Table 3). Of the,778 true juveniles (under 8 at the time of their offense) transferred to adult court under the Code, 69 (38.8%) of the offenders were age sixteen or younger (Table 4). There were 85 juveniles sentenced under the Code for violent offenses, including murder/manslaughter, sex offenses, robbery, and other violent personal offenses. These violent offenses represent 46.4% of all offenses of juveniles (Table 4). Of the 85 violent juvenile offenders, 5 (6.8%) received a state prison sanction (Table 5). The gender and race distributions of offenders sentenced under the Code changes only slightly from previous years sentencing events. Approximately seventy seven percent (77%) of all scoresheets were for male offenders (Table 6), and 63% were for white offenders (Table 7). Florida s Criminal Punishment Code September 8

13 Figure Number of Scoresheets Received by Month of Sentence Criminal Punishment Code,687,854,68,7,8,8,764,8,6 9,37 8,75 8,79 Table Scoresheets Received by Circuit Fiscal Year 7-8 Criminal Punishment Code Circuit of Sentence Number Percent (Pensacola) 8,69 6.9% (Tallahassee) 3,68.9% 3 (Lake City),73.% 4 (Jacksonville) 6,56 5.% 5 (Tavares) 9,64 7.6% 6 (Clearwater),37 8.9% 7 (Daytona Beach) 6, % 8 (Gainesville) 3,7.9% 9 (Orlando),77 9.3% (Bartow) 6,454 5.% (Miami) 6, % (Sarasota) 5,374 4.% 3 (Tampa) 8,68 6.8% 4 (Panama City) 5, 4.% 5 (West Palm Beach) 4,88 3.9% 6 (Key West) 865.7% 7 (Ft. Lauderdale) 5, % 8 (Sanford) 7,96 5.7% 9 (Ft. Pierce) 4,67 3.3% (Ft. Myers) 6,63 4.9% 6,656 Florida's Criminal Punishment Code 3 September 8

14 Table Sentencing Scoresheets Received by Month of Sentence* Fiscal Year 7-8 Month of Sentence 994 Sentencing Guidelines Scoresheet 995 Sentencing Guidelines Scoresheet** Criminal Punishment Code Scoresheet July 7 8.% 9, % 9,47 7.3% August %, %,7 September 7 7.% 8, % 8,83 6.5% October 7 6.%, %,86 9.4% November 7 7.% 8.%, %,63 8.4% December % 8, % 8,87 7.% January 8.%,7 99.9%,83 8.7% February 8 3 3,8 99.9%,87 8.5% March 8 5,8 99.9%,35 8.7% April 8 7.%, %, % May 8 3 5,8 99.9%,36 8.7% June %,6 99.9%,6 8.4% 34 7.% 6, % 6,797 * number of scoresheets, including those with offense dates between October, 995 and May 4, 997. ** Offense dates between May 5, 997 and September 3, , Figure Sentencing Scoresheets Received: Criminal Punishment Code, 9, 7, 5, 3, 9,37,687 8,75,854,68 8,79,7,8,8,764,8,6, Florida's Criminal Punishment Code September 8 4

15 Table 3 Age at Sentencing Criminal Punishment Code Fiscal Year 7-8 Age Number Percent 7 and Below 345.3% 8 to 4 5,764.3% 5 to 9 4, % 3 to 34,3 7.6% 35 to 39 7,889 4.% 4 to 44,446 9.% 45 to 49 9,45 7.% 5 and Over 5,7.% Unknown 6 6,656 Figure 3 Age at Sentencing Distribution Criminal Punishment Code 5 to 9 3 to % 7.6% 8 to 4.3% 35 to 39 4.% 7 and Below.3% 5 and Over.% 45 to 49 7.% 4 to 44 9.% Florida's Criminal Punishment Code September 8 5

16 Table 4 Age at Offense for Offenders Under 8 Criminal Punishment Code Fiscal Year 7-8 Primary Offense 5 & Under 6 Years Old 7 Years Old Murder/Manslaughter Sexual Offenses Robbery % 5.3% 4.% 5.3% % 3.%.9% 3.7% % 8.8% 6.6% 7.6% Violent Personal Offenses 3.6%.5% 6.8% 9.7% Burglary Theft, Forgery, Fraud Drugs Weapons Offenses % 34.% 3.6% 3.6% % 6.% 8.3% 7.% %.7% 6.% 4.6% % 6.% 9.% 7.4% % 3.% 3.4% 3.% 6 474,88,778 Figure 4 Age at Offense Distribution Offenders Under 8 5 & Under.% 7 Years Old 6.% 6 Years Old 6.7% Florida's Criminal Punishment Code September 8 6

17 Table 5 Sanction Imposed by Primary Offense For All - 7 Year Olds Criminal Punishment Code Fiscal Year 7-8 Primary Offense Murder/Manslaughter Sexual Offenses Robbery Violent Personal Offenses Burglary Theft, Forgery, Fraud Drugs Weapons Offenses State Prison Community Control Probation County Jail % 4.%.5%.5%.5% 5.3% %.% 3.5% 3.5% 4.6% 3.7% % 9.%.3% 9.4% 5.4% 7.6% % 9.5% 8.8% 7.3%.3% 9.7% % 3.5% 3.% 7.7% 4.5% 3.6% % 5.5%.5% 4.4% 7.7% 7.% % 3.5% 8.%.9% 4.6% 4.6% % 9.% 8.8%.4% 9.% 7.4% % 5.% 4.5% 4.% 3.% 3.% Note: County Jail includes those sentenced to time served; prison includes those sentenced to life. Figure 5 Sanction Imposed Distribution Offenders Under 8 Community Control.9% Probation.4%,778 State Prison 5.3% 3.7% County Jail.4% Florida's Criminal Punishment Code September 8 7

18 Table 6 Gender by Judicial Circuit Criminal Punishment Code Fiscal Year 7-8 Judicial Circuit Male Gender Female (Pensacola) 6,44 5.%,5.8% 8,69 6.9% (Tallahassee),897.3% 785.6% 3,68.9% 3 (Lake City),96.5% 77.6%,73.% 4 (Jacksonville) 5,8 4.%,533.% 6,56 5.% 5 (Tavares) 7,4 5.7%,399.9% 9,64 7.6% 6 (Clearwater) 8,34 6.6%,933.3%,37 8.9% 7 (Daytona Beach) 5,7 4.%,6.3% 6, % 8 (Gainesville),85.% 887.7% 3,7.9% 9 (Orlando) 9,54 7.5%,8.8%,77 9.3% (Bartow) 4,89 3.8%,645.3% 6,454 5.% (Miami) 5, % 99.8% 6, % (Sarasota) 4,4 3.%,37.% 5,374 4.% 3 (Tampa) 7,9 5.5%,69.3% 8,68 6.8% 4 (Panama City) 3,679.9%,44.% 5, 4.% 5 (West Palm Beach) 3,94 3.% 94.7% 4,88 3.9% 6 (Key West) 753.6%.% 865.7% 7 (Ft. Lauderdale) 4,88 3.8%,77.9% 5, % 8 (Sanford) 5,37 4.%,889.5% 7,96 5.7% 9 (Ft. Pierce) 3,48.5%,9.8% 4,67 3.3% (Ft. Myers) 4, %,478.% 6,63 4.9% 97, % 9,8 3.% 6,656 Florida's Criminal Punishment Code September 8 8

19 Table 7 Race by Judicial Circuit Criminal Punishment Code Fiscal Year 7-8 Judicial Circuit Race Black White * (Pensacola),878.3% 5,78 4.5% 85.% 8,69 6.9% (Tallahassee),3.7%,56.% 33 3,68.9% 3 (Lake City) 89.7%,79.4% 47,73.% 4 (Jacksonville) 3,44.5% 3,79.6% 38.% 6,56 5.% 5 (Tavares),88.6% 7,7 5.7% 36.3% 9,64 7.6% 6 (Clearwater),835.% 7,896 6.% 56.4%,37 8.9% 7 (Daytona Beach),96.5% 4,88 3.8% 5.% 6, % 8 (Gainesville),64.3%,.6% 56 3,7.9% 9 (Orlando) 4, % 7,9 5.5% 73.%,77 9.3% (Bartow),87.4% 4, % 7.% 6,454 5.% (Miami) 3,395.7% 3,439.7% 3 6, % (Sarasota),35.% 3,83 3.% 9.% 5,374 4.% 3 (Tampa) 3,568.8% 4, % 74.% 8,68 6.8% 4 (Panama City),99.9% 3,983 3.% 39 5, 4.% 5 (W. Palm Beach),467.9%,49.9% 6 4,88 3.9% 6 (Key West) 77.% 634.5% % 7 (Ft. Lauderdale) 3,87.6%,6.% 97.% 5, % 8 (Sanford),.8% 4,84 3.8% 7.% 7,96 5.7% 9 (Ft. Pierce),44.%,468.9% 75.% 4,67 3.3% (Ft. Myers),4.% 4,83 3.8% 9 6,63 4.9% 44,45 35.% 79,74 63.%,5.% 6,656 * includes Asian, Native American, and other categories. Florida's Criminal Punishment Code September 8 9

20 PART II OFFENSE TO SENTENCE DATE LAG TIME COMPARISON Florida s Criminal Punishment Code September 8

21 Offense to Sentence Date Lag Time Comparison FACT: Scoresheets that have been received by the Department of Corrections for offenders sentenced under the Florida Criminal Punishment Code are not representative of the true impact of sentencing events under the Code. FINDINGS: There were 85,444 scoresheets submitted to the Department of Corrections with sentence dates in FY 7-8 and offense dates on or after October, 6. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY 6-7 and offense dates on or after October, 5 was 8,55. Lag Time - The average length of time that passes from the date an offender commits a crime to the date the offender is sentenced for that crime is 6.4 months for sentencing events in FY 7-8 (Table ). More serious and violent crimes typically have much longer lag time than the less serious property or drug crimes. A data file that is constrained by the date of offense must allow for enough time for the serious and violent crimes to be processed and convicted in order to represent a true distribution of sentencing events. The Florida Criminal Punishment Code went into effect for offenses committed on or after October, 998. As of September, 8, the Department of Corrections had received almost.7 million Code scoresheets. However, because of the long lag time for serious offenses, the information to date is skewed more heavily by the less serious offenses. The average lag time for FY 6-7 sentencing events is 6.5 months. When the lag times are examined by offense severity level and type of primary offense, the average lag time for level offenses (most serious) was.4 months for sentencing events during FY 6-7. In FY 7-8, the average lag time for level offenses was.9 months. Also, for murder/manslaughter, the average lag time from offense to sentence is.7 months for sentencing dates in FY 6-7 and.9 months for FY 7-8 (Table ). Florida s Criminal Punishment Code September 8

22 The more violent, serious offenses represented 8.% of the scoresheets in FY 6-7 and dropping to 6.9% in FY 7-8 (Figure ). Property offenses comprised the largest group of scoresheets received in FY 6-7 (34.%) however Drug offenses in FY 7-8 (36.%) have now surpassed Property offenses (Figure ). Drugs, Possession/ remains the largest offense category increasing from 4.7% in FY 6-7 to 8.6% in FY 7-8 (Table 4). Florida s Criminal Punishment Code September 8

23 Table Comparison of Average Time from Offense Date to Sentence Date by Offense Severity Level of Primary Offense, in Months Offense Severity Level FY FY Overall Average Table Comparison of Average "Lag" Time from Offense Date to Sentence Date by Primary Offense, in Months Primary Offense Murder/Manslaughter Sexual/Lewd Behavior Robbery Violent, Burglary Property Theft/Fraud/Damage Drugs Weapons FY FY7-8.9 Overall Average Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code September 8 3

24 Figure Distribution of Offense Group in FY6-7 vs. FY % 36.% 3 34.% 3.8% 6.9% 5.8% 8.% 5.% F6-7 F7-8 Florida's Criminal Punishment Code September 8 4

25 Table 3 Distribution of Offense in FY6-7 vs. FY7-8 Primary Offense FY6-7 FY7-8 Murder/Manslaughter Sexual Offenses Robbery Violent Personal Offenses Burglary Theft/Forgery/Fraud Drugs Weapons 3 4.3%.3% %.8%,73,567.%.8%,774, % 3.7% 8, 8,5 9.9% 9.5% 9,9 8,74 4.4%.9% 6,77 3, % 36.% 3,47 3,848 4.% 4.5% 8,943 9,73.%.4% 8,55 85,444 Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code September 8 5

26 st Degree Murder Primary Offense Murder/Manslaughter Table 4 Distribution of Offense FY % 47.% FY % 54.% nd Degree Murder 3.%.% 3rd Degree Murder 4 3 Homicide, Manslaughter 4 4 DUI Manslaughter 35 3 Sexual Offenses Capital Sexual Battery 77.9% 679.8% 5 Life Sexual Battery 3 5 st Degree Sexual Battery 66.% 58.% nd Degree Sexual Battery 57.% 87.% Sexual Assault, 5 4 Lewd/Lascivious Behavior 48.5% 38.4% Robbery Robbery with Weapon,73.% 66.8%,567.8% 64.7% Robbery without Weapon 997.% 887.% Home Invasion, Robbery 55.% 56.% Violent Personal Offenses Home Invasion,, %, % Carjacking 8.% 5.% Aggravated Assault,7.%,79.% Aggravated Battery,9.5%,3.% Assault/Battery on L.E.O.,336.6%,378.6% Assault/Battery,,369.7%,47.7% Aggravated Stalking 85.% 8.% Resisting Arrest with Violence,385.7%,433.7% Kidnapping 369.5% 357.4% Arson 4.% 8.% Abuse of Children,7.4%,8.3% Violent,,377.9%,36.7% Leaving Accident, Injury/Death 397.5% 373.4% DUI, Injury 7.% 58.% Florida's Criminal Punishment Code September 8 6

27 Burglary, Structure Primary Offense Burglary Table 4 Distribution of Offense FY6-7 8, 9.9% 4, % FY7-8 8,5 9.5% 4, % Burglary, Dwelling,58 3.%,4.8% Burglary, Armed 34.4% 333.4% Burglary with Assault 4.3% 94.% Burglary/Trespass, 594.7% 66.7% Grand Theft, Theft/Forgery/Fraud 9, % 7,48 9.% 8,74.9% 7,84 8.5% Grand Theft, Automobile,787.%,936.3% Stolen Property 3,97 3.8%, % Forgery/Counterfeiting,54.6%,967.3% Worthless Checks 9.% 6.% Fraudulent Practices,83.6%,73.% Theft/Property Damage, 3,5 4.%, % Drugs Drugs, Manufacture/Sale/Purchase 6,77 3.8% 5,794 7.% 3, % 5,58 6.5% Drugs, Trafficking 836.% 859.% Drugs, Possession/,97 4.7% 4, % Weapons Weapons, Discharging 3,47 4.% 37.3% 3, % 3.3% Weapons, Possession 3,77 3.9% 3,66 4.% Weapons, 3 Escape 8,98.%,95.4% 9,73.4%,33.5% DUI, No Injury 554.7% Traffic, 3, % 437.5% Racketeering 9 3,69 4.3% Pollution/Hazardous Materials 5 3 Criminal Justice System Offense dates on or after October, 5. Offense dates on or after October, 6.,389.9% 3, 3.5% 377.5% 46.5% 8,55 85,444 Florida's Criminal Punishment Code September 8 7

28 PART III COMPARATIVE DESCRIPTION Florida s Criminal Punishment Code 8 September 8

29 Comparative Description NOTES This section examines the sentencing parameters point values, as follows: The Criminal Punishment Code allows for a non-state prison sanction for offenders scoring 44. or fewer total points. The Code mandates state prison as the sanction, unless the sentence is mitigated, for all those offenders whose total points exceed 44.. This means that only those offenders scoring 44 or fewer points may receive a nonstate prison sanction under the Code. All others must receive a state prison sanction, absent downward departure from this structure. Florida Statute 9.6 allows for circumstances or factors that reasonably justify the downward departure of Guidelines/Code scoresheet. In addition, on January 4, the Supreme Court of Florida ruled in Jones v. State that Section 948.(3) F.S. (supp. 998), which allows for the sanction of drug offender probation in the case of a chronic substance abuser, provides an alternative sentencing scheme for drug offenders that is outside the Code. It was ruled that the Trial Court had the discretion to sentence the defendant to drug offender probation even though the Code mandated prison time. Actual sanctions imposed, including state prison, community control, probation, county jail/time served, and other sanctions are presented and compared to the categories listed above. FINDINGS: Across the state, 9.9% of offenders were sentenced to state prison as the most severe sanction in FY 7-8. An additional 7.% were sentenced to incarceration in county jail, or to time already served in jail. Five percent (5%) were sentenced to community control, and almost half to probation (47%), including drug offender probation and regular probation. Less than one percent (.9%) of offenders were sentenced to other sanctions. For sentencing dates Florida s Criminal Punishment Code September 8 9

30 in FY 6-7,.6% of offenders were sentenced to state prison and 5.9% were sentenced to county jail or time served. Approximately 5.% were sentenced to community control, and 47.6% to probation. Less than one percent (.8%) of the offenders were sentenced to other sanctions (Table ). Almost three-quarters of the 85,444 Code scoresheets with sentence dates in FY 7-8 examined (6,3 scoresheets or 73%) scored 44 points or fewer (Table ). These scoresheets represent sentencing events where the judge has the discretion to sentence the offender to either a non-state prison sanction or a state prison sanction. If the judge chose to sentence the offender to state prison, the judge had the discretion to sentence the offender up to the statutory maximum of the law. For scoresheets with sentence dates in FY 6-7, there were 58,84 (7.%) offenders scoring 44 points or fewer (Table ). For FY 7-8, of the offenders scoring in the recommended state prison category with more than 44 points, 57.% were sentenced to state prison, with another 3.8% sentenced to county jail or time served. However, of those scoring fewer than 44 points, 6% were sentenced to state prison, and 3.9% to county jail/time served. For FY 6-7, 57.% of the offenders scoring above 44 points were sentenced to state prison and another 3.% of these offenders were sentenced to county jail or time served. Of those scoring fewer than 44 points, 6.4% were sentenced to state prison, and 3.8% to county jail/time served. (Table ). Overall scoresheets with a state prison sanction decreased from.6% in FY 6-7 to 9.9% in FY 7-8. County jail sanctions increased from 5.9% in FY 6-7 to 7.% in FY 7-8. Community Control sanction rates remained roughly the same at 5% for both FY 6-7 and FY 7-8 (Table ). Statewide, 78% of offenders (3,5 out of 6,994) receiving a prison sanction scored out to a prison sanction in FY 7-8. Table presents the scoring distribution of offenders under the Code for FY 6-7 and FY 7-8 by circuit and sanction imposed. In FY 7-8, Circuit (Miami) had the highest percentage (93.9%) of prison sanctioned scoresheets with more than 44 points, followed by Circuit 3 (Tampa) at 9.3%; while Circuit 9 (Ft. Pierce) remains the lowest at 59.4% for another fiscal year. Florida s Criminal Punishment Code September 8 3

31 Incarceration rates vary greatly by county and circuit. Jail sanctions also vary greatly depending on the number of beds available and judicial inclination to use the jail sanction. Table 3 represents the distribution of sanction imposed by circuit and county. Although variance in sentencing does exist at the circuit and county level based on the judge involved, variability in the statistics presented in this table could also be as a result of differences in the type of offenders being sentenced around the state. There are also very small numbers of scoresheets for some of the counties listed in this table. The incarceration rates for counties with fewer than scoresheets could possibly be misleading (Table 3). In both FY 6-7 and FY 7-8, the majority of violent offenders (those with more serious offenses such as murder/manslaughter and sexual offenses) received a state prison sanction (Table 4). Scoresheets with the highest offense severity levels received a state prison sanction, and those with the lowest received probation (Table 5). Consistently, in both FY 6-7 and FY 7-8, for offenders sentenced to state prison, the majority with offense severity levels of through 5 received less than two years (Table 6). From FY 6-7 to FY 7-8, the percentage of scoresheets with no prior record or prior misdemeanors increased slightly. Those with four or more felonies remained the same or increased slightly (Table 7). From FY 6-7 to FY 7-8, the percentage of scoresheets with no additional offenses decreased slightly. The percentage with four or more felonies remained the same or increased slightly (Table 8). The true mitigation rate for offenders who scored more than 44 total points is 6.6% for FY 6-7 and 6 % for FY 7-8. The sanction mitigation rate (cases that scored to state prison but received a non-state prison sanction) was 4.5% for FY 6-7 and 4.9% for FY 7-8 (Table ). Florida s Criminal Punishment Code September 8 3

32 For the offenders who received a mitigated prison sentence length, the average reduction in sentence was.9 months during FY 6-7 and 6. months during FY 7-8 (Table ). Departure, as defined here, is not a comment on the legality of the sentence. There are many reasons for departure, which are recognized as legitimate under F. S. 9.6 Mitigating circumstances. This section applies to any felony offense, except any capital felony, committed on or after October, 998. Database limitations do not allow us to isolate all these reasons for departure. Florida s Criminal Punishment Code September 8 3

33 Table Recommended Sanction Category by Sanction Imposed Recommended Sanction Category Sanction Imposed. Points or Less FY 6-7. to 44. Points More than 44. Points. Points or Less FY 7-8. to 44. Points More than 44. Points State Prison Community Control Probation County Jail 376.5% 689.7% 7,53 67.% 7, 8.% 53.6% 5,37 3,49.%,999 6.% 6, %, % 34.% 33,45, %, % 5,48.% 3, 3.% 37.6%,7 6,768.6% 4, 5.% 38, %,96 5.9% 63.8% 8,55 39.% 6.3% 7, % 7,746 9.% 53.6% 6,644 3,44 9.6%,7 5.8% 7, %,3 34.6% 433.% 35,586 3,5 57.%, % 5,6.6% 3,6 3.8% 88.8% 3,4 6, % 4,36 5.% 4,88 47.% 3,5 7.% 774.9% 85,444 Figure Sanction Imposed for Offenders Scoring In the State Prison Sanction Category* State Prison Community Control Probation County Jail FY 7-8 FY 6-7 * points greater than 44. Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code September 8 33

34 Table Recommended Sanction Category by Sanction Imposed Recommended Sanction Category Judicial Circuit / FY 6-7 FY 7-8 Sanction Imposed. Points or. to 44. More than 44.. Points or. to 44. More than 44. Less Points Points Less Points Points (Pensacola), %, %,98.%,4 35.9%, %,85 9.8% Prison 3 3.% % % % 9.8% % Community Control 4 8.% % 85 9.% % % 89.% Probation,45 5.5%,46 4.4% 69 6.%, %,7 4.3% 4 7.3% County Jail % % 46 3.% % 6 8.% 9.3% 39 5.% 4 8.7%.% % 7.3% (Tallahassee) % % % % % % Prison 9.% 59 4.% % 6.% 6.6% % Community Control 9.6% % 6 5.% 4 6.3% 6 4.6% % Probation 4 37.% % 3.3% % % 8.7% County Jail 3 7.9% 7 5.5% 9.6% % % 8 7.4% 5.% 5 6.5%.5% 3 5.% 3 5.% (Lake City) % % % % % % Prison 8.% 4 3.4% % 7.8% 9 3.5% % Community Control 3 5.9% % 5 6.5% 8 4.9% % 4.8% Probation % % % % % 5 3.6% County Jail % % 8 7.% % % 3.4% 4 6.9% % 7 9.3% 3 4.8% 5 59.% 3 6.% 4 (Jacksonville),5 6.5%,88 4.9%, %,5 3.4%,36 43.%,38 6.5% Prison 37.5% %,6 69.% 5.9% % % Community Control 6.9% % 7 4.3% 4 5.4% % 7 9.7% Probation % % 7 3.4% % % 53.7% County Jail % % 64.9% % %.5% (Tavares), %,63 4.7%, %,76 6.3%,86 4.%, 3.6% Prison 8.5% 33.9%,5 78.6%.% 463.8%, % Community Control % % % 44 3.% % 9 3.% Probation,8 43.9%, 44.8% 79.3%, 43.6%, 44.% 346.5% County Jail % % 4 8.3% % 93 6.% 4 7.% 34.4% 3 49.% 6.4% 6 9.% % 6 4.6% 6 (Clearwater),4 3.5% 3, %,687 4.%, % 3,4 44.%,774.9% Prison 8.5% 7 3.9%,3 84.6% 39 3.% 66.9%,84 84.% Community Control 9 4.8% % % 4 4.% % % Probation,65 4.%,4 46.7% %,8 43.%, 44.% 354.9% County Jail,4 34.8%, % %, %, % 89 8.% 5 8.3% % 5.6% 8 7.4% % 3.9% 7 (Daytona), %, % 97.6%,6 34.3%,96 4.6%,8 5.% Prison.% % % 5 5.% 5 4.6% % Community Control 6 7.% % 58 6.% 4 7.5% 8 49.% % Probation, % % 3 8.%,98 48.%,98 4.8% 96.% County Jail % % 6.7% 6 3.9% % % 6.8% 5.% 9.% 4 3.6% % % Florida's Criminal Punishment Code 34 September 8

35 Table Recommended Sanction Category by Sanction Imposed Recommended Sanction Category Judicial Circuit / FY 6-7 FY 7-8 Sanction Imposed. Points or. to 44. More than 44.. Points or. to 44. More than 44. Less Points Points Less Points Points 8 (Gainesville) % % % %,46 4.% 79 3.% Prison 6.% 9 9.% % 3 3.% 8.4% % Community Control 3 5.6% % % % 34 3.% Probation % % 4.8% % % 35.5% County Jail % 5.% 44.5% % 7 5.% 66 6.%.6% % 8 5.% 4.6% % 9 (Orlando), %, %,96 6.3%, % 3, %, % Prison 3.3% 4 5.6%,3 8.% 39.8% 8 3.%,57 84.% Community Control % 93 4.% 95 4.% 5 3.5% % % Probation,5 47.5%,7 39.7% 4.9%, %, % 4.5% County Jail %,353 5.% 34.%,6 39.3%, % 348.% (Bartow),3 8.6%,3 46.9%,55 4.5%,33 9.5%,9 47.3%, 3.% Prison 6.6% 6.3% %.% 36.4% % Community Control 4 4.6% % % 9 7.9% % % Probation %,6 5.7% 4 6.%,8 45.4%, % 5.% County Jail 93 9.% % % 98 7.% % 38 5.% 4 8.6% 8 57.% 4.3% 3 3.% 76.9% (Miami),35 8.%, %, %,75 33.%,66 3.%, % Prison.% 5 5.% %.5% 5.6% % Community Control 7 6.7% 58.7% 8 7.6% 9 3.8% 5.% % Probation % % %, % % % County Jail 37.% % % % % % (Sarasota),9 3.3%, % 87 5.%,56 3.4%,6 46.4% 86 3.% Prison.4% 7 6.9% % 5.8% 86 4.% % Community Control % % 6 4.5% 46 8.% % 5.5% Probation % % 94.% % % 78.7% County Jail % % 5 6.4% 8 3.% % 57 6.% % % % 3 (Tampa), %, %, %,44 3.3%,5 37.3%, % Prison 3.3%.% % 8.8% 8 7.9% % Community Control 6.% 73.7% % 8 4.3% 75 8.% % Probation %,43 4.% 76 4.% %, % 64.5% County Jail % % % % % 48 7.% 4.3% % 6 3.% 9 5.% 9 5.8% 8.% 4 (Panama City) %,35 47.% % %, % 9 7.6% Prison 4 3.% % % 4.9% 6 7.9% 59 7.% Community Control 43.4% 6.8% % 4.% 9 6.7% 7.% Probation % % 55.3% % % 8.9% County Jail 3.4% % 9.9% 3 8.% % 9.% 7.8% % 9 4.6% % 84 5.% 33.5% Florida's Criminal Punishment Code 35 September 8

36 Table Recommended Sanction Category by Sanction Imposed Recommended Sanction Category Judicial Circuit / FY 6-7 FY 7-8 Sanction Imposed. Points or. to 44. More than 44.. Points or. to 44. More than 44. Less Points Points Less Points Points 5 (West Palm Beach) %, %, % %,45 4.9%, % Prison 3.4% 78.% % 4.5% 95.4% % Community Control 7 3.% % 4.7% 8 4.3% 39.3% % Probation % % % % % 5 9.9% County Jail % % 38.3% % % 359.7% 4 4.3% % 9 3.% 7 7.9% 4 6.5% 8.5% 6 (Key West) 3 6.7% % 4 4.8% 39 3.% 46.5% 9.3% Prison.5% 9 8.4% 47 7.% 5 6.3% % Community Control 3 8.8% 6 47.% 5 44.% 5.7% % Probation % % 39 4.% 6 37.% % % County Jail 9 8.8% % 6.7% 3 46.% 3 46.% 4 8.% % 6.%.% 7 (Ft. Lauderdale), 33.3%, %, %,4 37.6% % Prison.% 5.3% % 5.6% % Community Control 3 7.% 4.3% 3 7.7% 9 6.% 4 8.4% % Probation,95 44.% % % % % % County Jail 9 9.6% % 89 9.% 6.% % % 4 7.4% 6 6.% (Sanford), %,89 43.%,4 3.4%, %,7 43.5%,4 3.% Prison 9.% 97 3.% %.5% 6 5.3% % Community Control 48.7% % % 54.7% % % Probation,6 47.6%,5 45.% %, %, % % County Jail 87 7.% % % 84.6% % % 6 8.6% 57.% 3 4.3% 37.% 3 48.% 4 4.8% 9 (Ft. Pierce),9 4.7%, 4.4% 58 9.%,59 4.%,74 4.6% 5 9.3% Prison 8 3.9% % % 3.5% 3 37.% % Community Control % 6 5.7% 9 5.8% % % 7.9% Probation % % 6 5.% % % 9 8.3% County Jail % % 3 4.% % % % (Ft. Myers), %,97 43.% 939.%, %,85 4.7% 97.4% Prison 3.8% 58.9% % 3.7% 66.% % Community Control.8% % % 7 9.7% % 3.6% Probation, %,4 43.4% 57.7%, 46.5%,45 44.% 4 9.4% County Jail % 6 5.9% % % % 64 6.% 4.3% 4 57.% 8.6% Statewide 5,37 33,45,7 6,644 35,586 3,4 Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code 36 September 8

37 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County FY6-7 FY7-8 State Prison Community Control Probation County Jail Sentence State Prison Community Control Probation County Jail Sentence (Pensacola) % %, %,8.5% 75.4% 5,46,4 6.8% 44 7.% 3,8 5.6%,49 3.6% 57.% 5,974 Escambia 5 9.% 4 8.6%, % 68 6.% 38.5%, % %,44 48.% % 6.9%,963 Okaloosa 63 8.% 5 8.6% 8 55.% 4 6.5% 7.9%, % 5 9.9% % 93.7%.3%,54 Santa Rosa 4.5% % % 48 5.%.% % 6 5.4% % %.%,8 Walton 6 5.4% 8 7.% % % % 6 4.5% % 77.4% 359 (Tallahassee) 4 9.8% 5 5.4%, % 44.8% 8.4%, 484.8% 64.9%, % 47.%.5%,7 Franklin 8 9.% 4 4.9% 5 53.%.7%.% % 6 5.% % 8 4.%.9% 6 Gadsden 9 3.6%.6% % 7 5.7% % 5 5.% %.4% 96 Jefferson 4 9.% 3 6.8% 3 68.% 6 3.6%.3% %.6% 3 6.5% 38 Leon 346.3% % % 4 3.5% 5.3%, % 5.7% % 43 3.%.6%,89 Liberty.7% 3 6.8% 7 6.4% 4 9.% % 9 73.% 3.8% 6 Wakulla 3.% %.3%.9% 7 4.4%.8% % 9 8.% Florida's Criminal Punsihment Code September 8 37

38 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County FY6-7 FY7-8 State Prison Community Control Probation County Jail Sentence State Prison Community Control Probation County Jail Sentence 3 (Lake City) % 89.3% % 5 6.8% %, % 88.6% % 5 6.5% %,6 Columbia % 49 8.% % 5 8.7% 3.7% % % % 47 8.% 3.4% 588 Dixie 5.% % % 9 6.5% 7 5.% % 9.6% 6 44.% 9 6.4% 9 6.4% 4 Hamilton 3.9% 4 4.5% % 5 7.% % 5 3.6% % 8 7.3% Lafayette 8 5.% 5 5.6% % 3.% % 8 3.8% %.7% 3.4% 58 Madison.8% 9 5.% %.% 5 8.4% % 9 4.9% % 7 3.8% 5.4% 85 Suwannee 7 6.% 4 5.% % 7.4% 6.% % % % 3 6.9% 3.3% 334 Taylor 55 4.% % % 6.6% 8 3.5% % 8 3.6% 48.5% 6.9% 8 3.6% 6 4 (Jacksonville), % 7.6%,88 9.7%, % 4,337,349 7.% 9.8%,46 8.7%,94 4.% 5.% 4,965 Clay 9 9.%.8% % 7 6.% % 3.% % 3.6%.% 697 Duval,7 36.7% 5.5% %,7 37.% 3,9,55 7.7% 6.6% %, % 3.% 3,85 Nassau 7 8.5% 8.% % 3.3% % 7.5% % 86 4.%.% 463 Florida's Criminal Punsihment Code September 8 38

39 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County FY6-7 FY7-8 State Prison Community Control County Probation Jail Sentence State Prison Community Control County Probation Jail Sentence 5 (Tavares),59 6.% %,46 4.4%, % 6.% 6,94,9 3.3% %, %,496.3% 65.% 6,77 Citrus % 8 9.5% % 5 7.6% 5.6% % % % 66 7.% 7.7% 977 Hernando % % % 88.% 7.%, % 4 7.4% 5 3.% % 3.8%,68 Lake 47 4.% % % % 8.6%, % % 8 56.% % 8.6%,445 Marion % 38.% % 44 6.%.6%, % 4.% % % 9.%,989 Sumter 83 9.% 4.6% 9 44.% 4 3.%.% % 3 5.% % 6 6.3% 65 6 (Clearwater),9 7.3% 8.8%, %, % 8.% 7,7,89 6.7% 99.3%, % 3, % 46.6% 7,73 Pasco % 4.% % 65 3.%.5%, % 46.% % % 4.6%,8 Pinellas % 88.8%, %, % 7.4% 5, % 53.%,757 3.%, % 3.6% 5,45 7 (Daytona) 98.8% 5.%,49 58.% 56 3.% 4.% 4,95,9.7% 4 5.%, % % 3.% 4,699 Flagler 5 7.6% 7.4% 77 6.% % 6.% % 8 4.7% % 47.4%.3% 38 Putnam % 5 4.4% 33 4.% 3 3.% 3.3% % 4.% % % 6.9% 544 St. Johns 73.7% 7 3.5% % 57.6% % 8.9% % 9.5% 99 Volusia 593.% 6 6.%, % 4 8.4%.8%, % 8 6.4%,75 6.6% 55 9.% 86 3.%,846 Florida's Criminal Punsihment Code September 8 39

40 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County FY6-7 FY7-8 State Prison Community Control Probation County Jail Sentence State Prison Community Control Probation County Jail Sentence 8 (Gainesville) % 9 3.8%, % % 53.%, % 9 4.3%,73 46.% 4 6.% 68.7%,54 Alachua % % % 8 9.% 4.9%, % % % % 44.9%,495 Baker % 7 8.% 9 4.7% 4.7%.9% 3 4.4% 7.6% % 5 5.%.3% 9 Bradford % 4.5% % 5 9.5% 3.% % 5.8% 39 5.% 6.7% 9 3.% 77 Gilchrist 3 9.%.9% % 9 8.4%.9% % 4 3.% 6 47.% 3.%.6% 7 Levy 6 3.7% 4.% 7 46.% 6 4.5% 4.6% % 4 5.% % 59.5% 4.4% 75 Union 33.9% 3 4.8% 3 5.6% 5 8.%.6% % 6 7.8% %.3% 77 9 (Orlando), % 6 3.% 3,3 4.9%, % 3 7,46,378 7.% 85.3% 3, % 3, %.% 8,3 Orange % 44.6%,37 4.%,39 38.% 3.% 5,6,5 5.9% 9.4%, %, %.% 6,38 Osceola 4.3% 8 4.5% % %, % % % %,75 (Bartow),59 4.6% 8 6.5%,9 53.% % 4.3% 4,3,5 3.8% 4 5.5%, % % 3.3% 4,44 Hardee 4 3.% 8 4.6% 7 6.8% 7 9.8%.6% % 3.8% % 8.3% Highlands 89 8.% % % 7.7% 9.8% % 33 7.% % 8 7.% 4.9% 468 Polk % 5 6.%, % % 4.% 3, % 95 5.%,6 53.9% % 9.% 3,86 Florida's Criminal Punsihment Code September 8 4

41 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County FY6-7 FY7-8 State Prison Community Control County Probation Jail Sentence State Prison Community Control County Probation Jail Sentence (Miami) 499.4% %, %, % 4, % %,68 5.9%, % 5,63 Miami-Dade 499.4% %, %, % 4, % %,68 5.9%, % 5,63 (Sarasota) % 45 7.%, % % 4.% 3, % %,67 48.% %.3% 3,473 Desoto % 35.7% 4 47.% %.3% % 5 9.% 44.3% 49 8.% 7 Manatee % % % %.%, % % % 3 3.4% 6.4%,366 Sarasota % 3 7.% % %.%, % 4 7.6% % % 5.3%,836 3 (Tampa), 8.6% %, %,57 5.4% 6.4% 5,93,6 7.% %, %, % 36.6% 6,8 Hillsborough, 8.6% %, %,57 5.4% 6.4% 5,93,6 7.% %, %, % 36.6% 6,8 4 (Panama City) % 347.3%,5 53.3% 7.5% 8 4.%, % 37.4%,9 58.9% 7.% 6 4.9% 3,65 Bay % 8.3% % 4.3% %, % 7.8%,56 6.4% 5.7% 9 4.5%,3 Calhoun 9 6.% 6 3.6% % 7 5.9% % 8.4% %.8% 8.4% 3 Gulf % 9.3% % 8 5.% 3.6% % 5.3% 7 58.% 3.5% 5 4.% Holmes % 55 3.% % 5.% 4.7% % % % 6 5.% 3.8% 36 Jackson % 5 4.3% % 3.% 7.% % 4.% % 9 7.7% 9.4% 379 Washington 39.5% 4.6% 8 6.% 6 3.% 3.6% % 3 9.9% % 8.6% 33.9% 34 Florida's Criminal Punsihment Code September 8 4

42 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County 5 (West Palm Beach) 6 (Key West) Palm Beach 7 (Ft. Lauderdale) 8 (Sanford) Monroe Broward Brevard Seminole State Prison 76.3% 76.3% % % % % % % % Community Control 54.4% 54.4% % % 84 5.% 84 5.% % % 7.3% FY6-7 Probation,7 3.%,7 3.% % %, %, %, %,5 53.%,36 68.% County Jail, %, % % % 465.7% 465.7% % % % Sentence 8.7% 8.7% 4 3.% 4 3.% 3.6% 3.6%.5%.4%.7% 3,756 3, ,667 3,667 4,38,858,54 State Prison 767.6% 767.6% 57 3.% 57 3.% % % % % % Community Control 56.6% 56.6% 5.% 5.% % % % % 6 9.% FY7-8 Probation,8 9.%,8 9.% % %, %, %, %,66 5.%,4 64.4% County Jail, %, % 5.6% 5.6% 95.6% 95.6% % 649.8% % Sentence 39.% 39.% 8 4.% 8 4.% 6.% 6.% 7.6%.7% 6.3% 3,548 3, ,77,77 4,89 3,,77 Florida's Criminal Punsihment Code 4 September 8

43 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County 9 (Ft. Pierce) (Ft. Myers) Indian River Martin Okeechobee St. Lucie Charlotte Collier Glades Hendry Lee State Prison 73 6.% 8.7% 6 7.9% % % 7 6.% % 34 5.% 9 8.8% 4 7.% % Statewide 6,768.6% Community Control 4.4% 63.%.% 3.6% 34.7% % 33 4.% 4 4.7% 3.% 9 3.7% 9 4.4% 4, 5.% FY6-7 Probation,5 4.% % 36 4.% % %, % % % % 47 6.%, % 38, % County Jail % % % % %,57 5.9% 39 3.% 4 5.5% 9 3.6% % %,93 5.9% Sentence.% 63.8%, ,77 4, ,489 8,5 State Prison 6 3.5% 4.%.6% 97 3.% 7 3.% % 8 9.9% % % 66.% % 6, % Community Control % 65.% 8.6% 6 8.% % 37 3.% 3.4% 4.5% 7 7.3% 3.7% 73 3.% 4,36 5.% FY7-8 Probation, 4.7% % 8 4.5% 3 4.4% %, % % 5 54.% 9 3.% 8 6.5%,3 56.7% 4,88 47.% County Jail % % % 69.4% %,34 3.9% 74 7.% % 6 6.7% 4 3.7% % 3,5 7.% Sentence.%.%.% 7.%.%.% 5.% 774.9%, ,7 4, ,33 85,444 Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punsihment Code 43 September 8

44 Table 3 A Sanction Imposed By Judicial Circuit and County Circuit/County (Pensacola) (Tallahassee) 3 (Lake City) 4 (Jacksonville) 5 (Tavares) 6 (Clearwater) 7 (Daytona) 8 (Gainesville) 9 (Orlando) (Bartow) (Miami) State Prison Community Control FY6-7 Probation County Jail Sentence State Prison Community Control FY7-8 Probation County Jail Sentence ,767,8 75 5,46,4 44 3,8, , , , ,86 47, , ,6,47 7,88,59 4,337,349 9,46,94 5 4,965,59 93,46, ,94,9 338,779, ,77,9 8,659, ,7,89 99,746 3, ,73 98, ,95,9 4, , , , , ,54, ,3,65 3 7,46, ,356 3,94 8,3,59 8, ,3,5 4, , ,394,67 4, ,68,854 5,63 Florida's Criminal Punishment Code 44 September 8

45 Table 3 A Sanction Imposed By Judicial Circuit and County Circuit/County (Sarasota) 3 (Tampa) 4 (Panama City) 5 (West Palm Beach) 6 (Key West) 7 (Ft. Lauderdale) 8 (Sanford) 9 (Ft. Pierce) (Ft. Myers) Statewide State Prison Community Control FY6-7 Probation County Jail Sentence State Prison Community Control FY7-8 Probation County Jail Sentence , , , ,473, 353,943,57 6 5,93,6 47,774, , ,5 7 8, , , ,7,76 8 3, ,8, , , , , , , , , ,89 73,5 743, , 763, ,395,57 4, ,37,34 7 4,334 6,768 4, 38,89, ,5 6,994 4,36 4,88 3, ,444.6% 5.% 47.6% 5.9%.8% 9.9% 5.% 47.% 7.%.9% Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code 45 September 8

46 Table 4 Offense Types by Sanction Imposed Offense Type State Prison FY6-7 Community County Probation Control Jail State Prison FY7-8 Community County Probation Control Jail Murder/Manslaughter Sexual/Lewd Behavior Robbery Violent, Burglary Property Theft/Fraud/Damage Drugs Weapons Attempt Complete Attempt Complete Attempt Complete , ,45 Attempt Complete,73 7 6,95,956 87,67, ,945,75,577 Attempt Complete, ,53, ,88, ,57,3 9 7,853 Attempt Complete,673 83,344 5, ,884,6 76 9,565 5, ,7 Attempt Complete 4,3,9,83 8,69 7 6,54 4,78,36 4,9 9, ,68 Attempt Complete,8 4, ,393,6 3, ,87 Attempt Complete,5 46 3,895, ,845, ,43 3,57 6 9,6 6,768 4, 38,89, ,55 6,994 4,36 4,88 3, ,444 Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code September 8 46

47 Offense Severity Level State Prison Community Control % 3.5% %, %,4.6% 3,9 3.6%,983 8.% 3, % % % % 6, %,43 4.6% % % % % 8 8.7% 8 9.5% 7 3.7% 4, Table 5 Sanction Imposed by Offense Severity Level FY6-7 Probation County Jail 5,47 4, % 4.4% 5,4 58.8%,9 5.9% 5, % 5,97 4.8% 3,86 54.%,73 8.% 6.9% % 6.3% 38,89,57 8.8% 7, %, %,357 9.% 744.5% %.6% 7.% 3.6%,96 Sentence 89.8% 86.% 3.9%.9% 83.7% 46.6% 8.3% 3.%.%.5%,53 8,97,98,878,367 7,86 6,3, State Prison Communty Control % 3.4% %,5 8.%,43.3% 3,93 3.6%,45 8.8% 3,4 54.7% % % %.6% 5.% 47.6% 5.9%.8% 9.9% Note: County jail includes those sentenced to time served; prison includes those sentenced to life. 63 8,55 6, %,3 4.% % % % % 5 8.7% % 5.% 4,36 5.% FY7-8 Probation County Jail 5,33 4,69 47.% 4.6% 4, % 3,83 5.5% 5, % 5,64 4.5% 3, %,643 8.% 3 6.8% % 4.% 4,88 47.%,58 9.8% 9, %,838 5.%,37 9.% 83.7% % 8.3% 5.9% 3,5 7.% Sentence 7.6% 9.% 66.% 7.% 5.8% 6.9% 53.9% 9.7%.3% 774,8 8,478 6,88,334,378 7,97 5,86, ,44.9% Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code 47 September 8

48 Table 6 State Prison Sentence Length by Offense Severity Level Offense Severity Level FY6-7 FY7-8 LE * GT -LE 4* GT 4-LE * GT * LE * GT -LE 4* GT 4-LE * GT * % %, %, %,6 5.8% % 9 7.4% 3.3% 83.5% 8,38 5.5% 36 6.% 7 6.9% % 56 5.%,3 33.9% %,5 37.% 7.9% 6.6% 4,6 7.7% * LE = Less than or equal to; GT = Greater than % % 5.% % 459.8% %,4 9.8% % 5 38.%, % 4.5%.3% 8.4% 6.7% 6.5% 7 3.6% 9 5.6% 64 8.% 8 3.9% % 85 69,998,4 3,9,983 3, , % %, %, %, %,36 5.7% 84 6.% 5 3.4% 6 9.4% 7 4.8% 8,69 5.7% 53 8.% % % %,95 33.% %,88 4.% 89.% 7.% 5 8.% 4, % % % % 46.% 468.% % % % % 33 8.%,893 7.%.%.3% 9.4% 5.6% 5.3% % % 47 7.% 3.% 8 59.% 8 4.7% ,5,43 3,93,45 3, ,99 Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code 48 September 8

49 None Prior Offenses Misdemeanor Only One Felony Two Felonies Three Felonies Four Felonies Five Felonies Six Felonies Table 7 Number of Prior Offenses* FY6-7 FY7-8 Number Percent Number Percent 6,988,87 5,79,364 7,33 4,484,377,37.8% 5.6% 9.3% 3.9% 9.% 5.5%.9%.5% 7,86,55 6,53,5 7,968 4,73,596,386.9% 4.9% 9.3% 4.% 9.3% 5.5% 3.%.6% Seven or More Felonies,45.4%,64.4% 8,55 85,444 * As indicated on the scoresheet. Additional Offenses None Misdemeanor Only One Felony Two Felonies Three Felonies Four Felonies Five Felonies Six Felonies Table 8 Number of Additional Offenses* FY6-7 FY7-8 Number Percent Number Percent 37,48,67 4,67 4,655, % 6.5% 7.5% 5.7%.3%.9%.5%.% 37,93 3,57 5,59 5,,944 Seven or More Felonies 94.4% 354.4% 8,55 85,444 * As indicated on the scoresheet % 7.5% 7.9% 5.9%.3%.%.4%.% Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code September 8 49

50 Number of Prior Felonies None One Two Three Four Five Six Seven or More State Prison 6,768.6% * As indicated on the scoresheet Community Control Table 9 Prior Felony Record* and Sanction Imposed FY6-7 Probation County Jail Sentence State Prison Communty Control FY7-8 Probation County Jail Sentence 3,94,37 4,39 7, ,858 4,67,48 4,539 7, ,8.4% 5.6% 63.8% 9.%.%.4% 5.% 6.8%.4%.%, ,746 5,55 8 5,79, ,3 5, ,53 9.% 5.% 4.9% 3.%.7% 6.8% 5.3% 43.% 34.%.8% 3, ,96 3,74 6,364 3, , 4,46 8,5 7.% 4.9% 34.4% 3.9%.5% 5.6% 4.9% 34.% 34.5%.7%, ,69, ,33,74 36,33, , % 4.7% 8.% 3.9%.5% 34.% 4.5% 9.% 3.7%.7%,836 87,68,37 4,484,96 6,7, ,73 4.9% 4.% 3.8% 3.6%.5% 4.5% 3.4% 4.8% 3.8%.5%, ,377, , % 3.%.% 8.%.3% 44.8% 4.3%.% 9.4%.3% , , % 4.% 7.7% 7.%.% 5.%.9% 6.7% 3.3%.% , , % 3.5% 4.3% 8.5%.3% 5.% 4.% 3.7% 3.% 4, 5.% 38, %,96 5.9% 63.8% 8,55 6, % Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code 5 September 8 4,36 5.% 4,88 47.% 3,5 7.% 774.9% 85,444

51 Number of Additional Felonies None One Two Three Four Five Six Seven or More State Prison 6,768.6% * As indicated on the scoresheet. Community Control Table Additional Offenses* and Sanction Imposed FY6-7 Probation County Jail Sentence State Prison Communit y Control FY7-8 Probation County Jail Sentence 8,3,76 3,484 7, ,7 8,54,639 3,39 8, , % 4.6% 5.6% 9.3%.8% 3.% 4.3% 5.% 3.7%.9% 4, ,6, ,67 4,88, 6,477 3,36 3 5, % 4.5%.7% 8.% 6.6% 4.4%.%.9%, 38, ,655,4 359, , 45.3% 6.8% 33.% 4.3%.6% 44.8% 7.% 3.3% 4.9%.8%, ,849, , % 6.8% 4.4%.8%.% 58.% 7.% 3.9%.%.8% % 6.% 7.6%.4% 67.% 5.9% 6.7%.4% % 5.% 7.% 5.6%.% 7.8% 4.7% 7.% 5.%.3% %.%.%.7%.5% 78.% 4.7%.8% 3.8%.5% % 7.8%.9%.%.4% 79.4% 5.6%.9%.7%.4% 4, 5.% 38, %,96 5.9% 63.8% 8,55 6, % Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 5. Offense dates on or after October, 6. 4,36 5.% 4,88 47.% 3,5 7.% 774.9% 85,444 Florieda Department of Corrections Florida's Criminal Punishment Code 5 September 8

52 Table Mitigation Rates* Among Offenders Scoring in Recommended State Prison Sanction Category Category Mitigated Mitigated Sanction Mitigated Length Not Mitigated Number / Percent FY6-7 3, % 9,86 4.5% 4,8.% 8, %,7 Average Mitigated Length in Months.8 Number / Percent FY7-8 4,4 6.% 9,5 4.9% 4,9.% 8,83 38.% 3,4 Average Mitigated Length in Months 6. * This total rate includes both mitigated sanction and mitigated length sentences. Offenders scoring to state prison who receive a Drug Offender Probation sentence are not counted as mitigated. Figure Offenders Scoring in Recommended State Prison Sanction Category FY6-7 FY7-8 Not Not Mitigated Mitigated Mitigated Mitigated Sanction 38.4% Sanction 38.% 4.9% 4.5% Mitigated Length Mitigated.% Length.% * points exceeding 44. Offense dates on or after October, 5. Offense dates on or after October, 6. n =,7 n = 3,4 Florida's Criminal Punishment Code September 8 5

53 Figure 3 Deviation Rates Below Permitted Sentences Among All Offenders Sentenced FY 6-7 FY 7-8 Mitigated Mitigated Sanction Mitigated Mitigated Length.3% Length Sanction 5.9% 5.7%.% Not Mitigated 8.8% Not Mitigated 83.% n = 8,55 n = 85,444 Table Mitigated Sanction Rates* By Judicial Circuit FY6-7 FY7-8 Scoresheets Scoresheets Judicial Circuit Exceeding Scoresheets Mitigation Exceeding Scoresheets Mitigation 44. Mitigated Rate 44. Mitigated Rate Points Points - Pensacola, %, % - Tallahassee % % 3- Lake City % % 4- Jacksonville, %, % 5- Tavares, %, % 6- Clearwater, %, % 7- Daytona %, % 8- Gainesville % % 9- Orlando, %, % - Bartow,55 8.6%, 6.% - Miami,897,44 75.%,787,4 78.9% - Sarasota % % 3- Tampa,34,8 54.8%,374, % 4- Panama City % % 5- West Palm Beach, %, % 6- Key West % % 7- Ft. Lauderdale, % % 8- Sanford, %, % 9- Ft. Pierce 58.% % - Ft. Myers % % Statewide,7 9,86 4.5% 3,4 9,5 4.9% * Mitigation of sanction occurs when an offender does not receive a prison sanction although a prison sanction is mandated by the Criminal Punishment Code. Those receiving Drug Offender Probation are not included. Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code 53 September 8

54 Table 3 Mitigated Sanction Rates and Mitigated Length Rates* By Judicial Circuit Judicial Circuit FY6-7 FY7-8 Scoresheets Scoresheets Exceeding Scoresheets Mitigation Exceeding Scoresheets Mitigation 44. Mitigated Rate 44. Mitigated Rate Points Points - Pensacola, %, % - Tallahassee % % 3- Lake City % % 4- Jacksonville, %, % 5- Tavares, %, % 6- Clearwater,687,4 65.4%,774,3 69.4% 7- Daytona %, % 8- Gainesville % % 9- Orlando,96,33 6.9%,998,6 63.% - Bartow, %, % - Miami,897, %,787, % - Sarasota % % 3- Tampa,34, %,374,8 87.7% 4- Panama City % % 5- West Palm Beach,36, %, % 6- Key West % % 7- Ft. Lauderdale, % % 8- Sanford, %, % 9- Ft. Pierce % % - Ft. Myers % % Statewide,7 3, % 3,4 4,4 6.% * Mitigation of sanction occurs when an offender does not receive a prison sanction although a prison sanction is mandated by the Criminal Punishment Code. Those receiving Drug Offender Probation are not included. Mitigated length occurs when an offender receives a prison sentence below the 5% permissible discretion existing within the Criminal Punishment Code. This total rate includes both mitigated sanction and mitigated length sentences. Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code September 8 54

55 Table 4 Mitigation Rates* Among Offenders Scoring in Recommended State Prison Sanction Category** FY6-7 FY7-8 Offense Type Mitigated Mitigated Sanction Mitigated Length Not Mitigated Mitigated Mitigated Sanction Mitigated Length Not Mitigated Murder/Manslaughter Sexual/Lewd Behavior Robbery Violent, Burglary Property Theft/Fraud/Damage Drugs Weapons Attempt Complete Attempt Complete Attempt Complete , Attempt Complete 3,89,337 85,483 4,67 3,3,3 83,533 4,646 Attempt Complete,58,6 979,553 4,33,56,56,,5 4,6 Attempt 7 8 Complete,93,39 6,79 3,,835,57 578,7 3,5 Attempt Complete 3,53,,53,4 5,57 3,33,37,86, 5,43 Attempt Complete , ,343 Attempt Complete, ,9,89, ,56 3,987 9,86 4,8 8,74,7 4,4 9,5 4,9 8,83 3,4 * Mitigation of sanction occurs when an offender does not receive a prison sanction although a prison sanction is mandated by the Criminal Punishment Code. Those receiving Drug Offender Probation are not included. Mitigated length occurs when an offender receives a prison sentence below the 5% permissible discretion existing within the Criminal Punishment Code. This total rate includes both mitigated sanction and mitigated length sentences. ** Points Exceeding 44.. Offense dates on or after October, 5. Offense dates on or after October, 6. Florida's Criminal Punishment Code September 8 55

56 APPENDICES 56

57 Inmate Prison Admissions by County of Commitment July, 7 through June 3, 8 This table represents the 67 counties in Florida and the number of inmates admitted into prison who were sentenced from each county or other states. County Number of Inmates Percent Admitted to Rank Prison Alachua 69.3% 5 Baker 6.6% 4 Bay 765.8% Bradford 74.3% 5 Brevard, 3.7% Broward,37 4.8% 5 Calhoun 46.% 6 Charlotte 5.8% 3 Citrus 36.3% 6 Clay 53.9% 3 Collier 335.% 7 Columbia 3.% 8 Miami-Dade, 4.% 8 Desoto 6.4% 46 Dixie 5.% 58 Duval, % 3 Escambia % Flagler.4% 49 Franklin 53.% 57 Gadsden 44.% 6 Gilchrist 63.% 54 Glades 5.% 59 Gulf 6.% 55 Hamilton 9.% 66 Hardee 64.% 53 Hendry 3.4% 44 Hernando 434.6% 3 Highlands 64.6% 4 Hillsborough, % Holmes 99.4% 5 Indian River 8.8% 3 Jackson 53.6% 4 Jefferson 7.% 64 Lafayette 67 Lake 79.% 9 County Number of Inmates Admitted to Prison Percent Rank Lee 6.% 7 Leon 758.8% 3 Levy 8.3% 5 Liberty 5.% 65 Madison 4.% 63 Manatee 54.8% 9 Marion 63.% 8 Martin.7% 34 Monroe 7.6% 37 Nassau.4% 47 Okaloosa 455.7% Okeechobee 64.6% 4 Orange,5 4.% 7 Osceola 443.6% Palm Beach,3 4.5% 6 Pasco 65.4% 4 Pinellas,47 5.4% 4 Polk,648 6.% Putnam 69.6% 38 St. Johns 37.4% 5 St. Lucie 68.3% 6 Santa Rosa 7.8% 33 Sarasota 45.6% 4 Seminole 457.7% Sumter 79.7% 36 Suwannee 84.7% 35 Taylor.4% 48 Union 44.% 6 Volusia,57 3.9% 9 Wakulla 58.% 56 Walton 45.5% 43 Washington 6.4% 46 -Interstate 8 Data Unavailable 56 7,97 Florida's Criminal Punishment Code 57 September 8

58 Inmate Prison Admissions by Circuit of Commitment July, 7 through June 3, 8 Judicial Circuit Number of Inmated Admitted to Prison Percent Rank FY 7-8 (Pensacola),67 6.% 7 (Tallahassee) % 8 3 (Lake City) 74.7% 9 4 (Jacksonville),98 7.% 5 (Tavares), % 4 6 (Clearwater), 7.8% 7 (Daytona),698 6.% 6 8 (Gainesville),5 3.8% 6 9 (Orlando), % 8 (Bartow), % 3 (Miami), 4.% 5 (Sarasota),45 3.8% 7 3 (Tampa), % 5 4 (Panama City),4 4.5% 5 (West Palm Beach),3 4.5% 3 6 (Key West) 7.6% 7 (Ft. Lauderdale),37 4.8% 8 (Sanford), % 9 9 (Ft. Pierce), 4.4% 4 (Ft. Myers), % Data Unavailable 579 7,97 Florida's Criminal Punishment Code 58 September 8

59 Rule 3.99(a) Criminal Punishment Code Scoresheet The Criminal Punishment Code Scoresheet Preparation Manual is available at: DATE OF SENTENCE. PREPARER S NAME 3. COUNTY 4. SENTENCING JUDGE 5. NAME (LAST, FIRST, MI.I.) 6. DOB 8. RACE B W OTHER 7. DC # 9. GENDER M F. PRIMARY OFF. DATE.. PRIMARY DOCKET # I. PRIMARY OFFENSE: If Qualifier, please check A S C R (A=Attempt, S=Solicitation, C=Conspiracy, R=Reclassification) FELONY F.S.# DESCRIPTION OFFENSE POINTS DEGREE LEVEL / / / / (Level - Points: =4, =, 3=6, 4=, 5=8, 6=36, 7=56, 8=74, 9=9, =6) Prior capital felony triples Primary Offense points I. PLEA TRIAL II. ADDITIONAL OFFENSE(S): Supplemental page attached DOCKET# FEL/MM F.S.# OFFENSE QUALIFY COUNTS POINTS TOTAL DEGREE LEVEL A S C R / / / x = DESCRIPTION III. / / / X = DESCRIPTION / / / X = DESCRIPTION / / / x = DESCRIPTION (Level - Points: M=., =.7, =., 3=.4, 4=3.6, 5=5.4, 6=8, 7=8, 8=37, 9=46, =58) Prior capital felony triples Additional Offense points Supplemental page points II. VICTIM INJURY: Number Number nd Degree Murder 4 x = Slight 4 x = Death x = Sex Penetration 8 x = Severe 4 x = Sex Contact 4 x = Moderate 8 x = III. IV. PRIOR RECORD: Supplemental page attached FEL/MM F.S.# OFFENSE QUALIFY: DESCRIPTION NUMBER POINTS TOTAL DEGREE LEVEL A S C R / X _ = / X _ = / X _ = / X _ = / X = / X _ = / X _ = / X _ = / X = (Level = Points: M=., =.5, =.8, 3=.6, 4=.4, 5=3.6, 6=9, 7=4, 8=9, 9=3, =9) Supplemental page points IV. Page Subtotal: Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committee on or after October, 998 and subsequent revisions. 59

60 NAME (LAST, FIRST, MI) DOCKET # Page Subtotal: V. Legal Status violation = 4 Points Escape Fleeing Failure to appear Supersedeas bond Incarceration Pretrial intervention or diversion program Court imposed or post prison release community supervision resulting in a conviction V. VI. Community Sanction violation before the court for sentencing Probation Community Control Pretrial Intervention or diversion VI. 6 points for any violation other than new felony conviction x each successive violation OR New felony conviction = points x each successive violation if new offense results in conviction before or at same time as sentence for violation of probation OR points x each successive violation for a violent felony offender of special concern when the violation is not based solely on failure to pay costs, fines, or restitution OR New felony conviction = 4 points x each successive violation for a violent felony offender of special concern if new offense results in a conviction before or at the same time for violation of probation VII. Firearm/Semi-Automatic or Machine Gun = 8 or 5 Points VIII. Prior Serious Felony - 3 Points IX. Enhancements (only if the primary offense qualifies for enhancement) Subtotal Sentence Points VII. VIII. Law Enf. Protect. Drug Trafficker Motor Vehicle Theft Criminal Gang Offense Domestic Violence in the Presence of Related Child Adult-on-Minor Sex Offense (offenses committed on or after 3//7) (offenses committed on or after //4) x.5 x. x.5 x.5 x.5 x.5 x.5 x. Enhanced Subtotal Sentence Points IX. TOTAL SENTENCE POINTS SENTENCE COMPUTATION If total sentence points are less than or equal to 44, the lowest permissible sentence is any non-state prison sanction. If the total sentence points are points or less, see Section 775.8(), Florida Statutes, to determine if the court must sentence the offender to a non-state prison sanction. If total sentence points are greater than 44: minus 8 = x.75 = total sentence points lowest permissible prison sentence in months If total sentence points are 6 points or less and court makes findings pursuant to both Florida Statute 948. and (3), the court may place the defendant into a treatment-based drug court program. The maximum sentence is up to the statutory maximum for the primary and any additional offenses as provided in s , F.S., unless the lowest permissible sentence under the Code exceeds the statutory maximum. Such sentences may be imposed concurrently or consecutively. If total sentence points are greater than or equal to 363, a life sentence may be imposed. TOTAL SENTENCE IMPOSED maximum sentence In years Years Months Days State Prison Life County Jail Time Served Community Control Probation Modified Please check if sentenced as habitual offender, habitual violent offender, violent career criminal, prison releasee reoffender, or a mandatory minimum applies. Mitigated Departure Plea Bargain Prison Diversion Program Reason JUDGE S SIGNATURE Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October, 998, and subsequent revisions. 6

61 RULE 3.99(b) Supplemental Criminal Punishment Code Scoresheet NAME (LAST, FIRST, MI.I) DOCKET # DATE OF SENTENCE II. ADDITIONAL OFFENSES(S): DOCKET# FEL/MM F.S# OFFENSE QUALIFY COUNTS POINTS TOTAL DEGREE LEVEL A S C R / / / x = DESCRIPTION / / / x = DESCRIPTION / / / x = DESCRIPTION / / / x = DESCRIPTION / / / x = DESCRIPTION (Level - Points: M=., =.7, =., 3=.4, 4=3.6, 5=5.4, 6=8, 7=8, 8=37, 9=46, =58) IV. PRIOR RECORD II. FEL/MM F.S.# OFFENSE QUALIFY: DESCRIPTION NUMBER POINTS TOTAL DEGREE LEVEL A S C R / X = / X _ = / _ X = / X = / _ X = / _ X = (Level = Points: M=., =.5, =.8, 3=.6, 4=.4, 5=3.6, 6=9, 7=4, 8=9, 9=3, =9) Legitimate, uncoerced plea bargain. REASONS FOR DEPARTURE - MITIGATING CIRCUMSTANCES (reasons may be checked here or written on the scoresheet) The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct. IV. The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired. The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction, or for a physical disability, and the defendant is amenable to treatment. The need for payment of restitution to the victim outweighs the need for a prison sentence. The victim was an initiator, willing participant, aggressor, or provoker of the incident. The defendant acted under extreme duress or under the domination of another person. Before the identity of the defendant was determined, the victim was substantially compensated. The defendant cooperated with the State to resolve the current offense or any other offense. The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse. At the time of the offense the defendant was too young to appreciate the consequences of the offense. The defendant is to be sentenced as a youthful offender. The defendant is amenable to the services of a postadjudicatory treatment-based drug court program and is otherwise qualified to participate in the program. The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose. Pursuant to 9.6(3) the defendant s substance abuse or addiction does not justify a downward departure from the lowest permissible sentence, except for the provisions of s. 9.6()(m). Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committee on or after October, 998 and subsequent revisions. 6

62 Questions regarding this report should be directed to: Office of Community Corrections Bureau of Interstate Compact and Probation & Parole Field Services Gregory Roberts, Correctional Services Consultant (85) OR Office of Strategic Initiatives Bureau of Research and Data Analysis Jana F. Davis (85) South Calhoun Street Tallahassee, Florida

63 INSPIRING SUCCESS BY TRANSFORMING ONE LIFE AT A TIME