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1 FLORIDADEPARTMENTOF CORRECTIONS Florida scriminalpunishmentcode: AComparativeAssessment September7 Julie L. Jones, Secretary A report to the Florida Legislature detailing Florida s Criminal Punishment Code Prepared by: Florida Department of Corrections Bureau of Research and Data Analysis 5 South Calhoun Street Tallahassee, FL

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3 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...55 Admissions to Prison by Circuit of Commitment...56 Criminal Punishment Code Scoresheet Flor ida Department of Corrections Florida s Criminal Punishment Code September 7

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5 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 5-6 and FY 6-7. Since January, 994, the Florida Department of Corrections has collected over.6 million scoresheets on felony offenders sentenced in Florida courts under the state s Sentencing Guidelines and Criminal Punishment Code. This report describes the,63 Criminal Punishment Code scoresheets with sentence dates in FY 6-7 received by the Florida Department of Corrections through September, 7, for felony offenses committed on or after October, 998. It also compares 8,358 Criminal Punishment Code scoresheets received by the Florida Department of Corrections through September, 7, for felony offenses committed on or after October, 5 and sentence dates in Fiscal Year 6-7 with 74,73 Criminal Punishment Code scoresheets with offense dates on or after October, 4 and sentence dates in Fiscal Year 5-6. Flor ida Department of Corrections 3 Florida s Criminal Punishment Code September 7

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7 PART I INTRODUCTION Flor ida Department of Corrections 4 Florida s Criminal Punishment Code September 7

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9 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. Flor ida Department of Corrections 5 Florida s Criminal Punishment Code September 7

10 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. Flor ida Department of Corrections 6 Florida s Criminal Punishment Code September 7

11 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. Flor ida Department of Corrections 7 Florida s Criminal Punishment Code September 7

12 . 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. Flor ida Department of Corrections 8 Florida s Criminal Punishment Code September 7

13 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. Flor ida Department of Corrections 9 Florida s Criminal Punishment Code September 7

14 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. Flor ida Department of Corrections Florida s Criminal Punishment Code September 7

15 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 6-7 and offenses on or after October, 998, entered as of September, 7. 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 9.% for Fiscal Year 6-7. 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. Flor ida Department of Corrections Florida s Criminal Punishment Code September 7

16 Introductory Statistics FACT: There were,63 Punishment Code scoresheets with offense dates on or after October, 998 with sentencing dates during FY 6-7 entered into the sentencing scoresheet database, as of September, 7. FINDINGS: The number of Code scoresheets received by month of sentence fluctuated from a high of,368 to a low of 8,567 from July, 6 to June 3, 7 (Figure ). For the time period July 6 through June 7, Code scoresheets represent ninety-nine point nine percent (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 (.8%) of the offenders sentenced under the Code were considered youthful offenders at the time of sentencing (Table 3). Of the,949 true juveniles (under 8 at the time of their offense) transferred to adult court under the Code, 77 (39.6%) of the offenders were age sixteen or younger (Table 4). There were 868 juveniles sentenced under the Code for violent offenses, including murder/manslaughter, sex offenses, robbery, and other violent personal offenses. These violent offenses represent 44.5% of all offenses of juveniles (Table 4). Of the 868 violent juvenile offenders, 534 (6.5%) received a state prison sanction (Table 5). The gender and race distributions of offenders sentenced under the Code are similar to previous years sentencing events. Almost eighty percent (77.%) of all scoresheets were for male offenders (Table 6), and 63.% were for white offenders (Table 7). Flor ida Department of Corrections Florida s Criminal Punishment Code September 7

17 3, Figure Scoresheets Received by Month of Sentence Criminal Punishment Code Number of Scoresheets,,, 9, 9,5 8, 7, 6,,767,95 9,46 9,999 8,567,75 9,683,368 9,995,8,749 Table Scoresheets Received by Circuit Fiscal Year 6-7 Criminal Punishment Code Circuit of Sentence Number Percent (Pensacola) 7,67 6.3% (Tallahassee) 3,733 3.% 3 (Lake City),56.% 4 (Jacksonville) 5, % 5 (Tavares) 8,7 7.% 6 (Clearwater), % 7 (Daytona Beach) 6,8 5.% 8 (Gainesville) 3,46.9% 9 (Orlando),33 9.3% (Bartow) 6,37 5.% (Miami) 6,38 5.% (Sarasota) 5,38 4.4% 3 (Tampa) 8, 6.6% 4 (Panama City) 4,55 3.7% 5 (West Palm Beach) 5,3 4.% 6 (Key West) 946.8% 7 (Ft. Lauderdale) 7,48 5.9% 8 (Sanford) 6, % 9 (Ft. Pierce) 4,78 3.4% (Ft. Myers) 6, %,63.% Florida Department of Corrections 3 Florida's Criminal Punishment Code September 7

18 Table Sentencing Scoresheets Received by Month of Sentence* Fiscal Year 6-7 Month of Sentence 994 Sentencing Guidelines Scoresheet 995 Sentencing Guidelines Scoresheet** Criminal Punishment Code Scoresheet July 6 4.% 6.% 9,5 99.9% 9,5 7.6% August 6.% 7.%, %, % September 6 3.% 8.%, %,36 8.5% October 6 3.% 7.% 9, % 9,47 7.8% November 6.% 9.% 9, %,9 8.3% December 6 3.% 4.% 8, % 8,574 7.% January 7 3.% 3.%, %,8 8.5% February 7.%.% 9, % 9,694 8.% March 7 5.% 7.%, %,38 9.4% April 7 3.% 9.% 9, %,7 8.3% May 7 3.% 5.%,8 99.9%,88 8.9% June 7.% 4.%,749.%, % 3.% 79.%, %,73.% * number of scoresheets, including those with offense dates between October, 995 and May 4, 997. ** Offense dates between May 5, 997 and September 3, 998., Figure Sentencing Scoresheets Received: Criminal Punishment Code, 8, 6, 4,, Punishment Code Florida Department of Corrections Florida's Criminal Punishment Code 4 September 7

19 Table 3 Age at Sentencing Criminal Punishment Code Fiscal Year 6-7 Age Number Percent 7 and Below 474.4% 8 to 4 5,976.4% 5 to 9 4,4 9.9% 3 to 34,3 7.4% 35 to 39 6,95 3.4% 4 to 44,46 8.6% 45 to 49 8,64 7.% 5 and Over 4,83.8% Unknown 7,63.% Figure 3 Age at Sentencing Distribution Criminal Punishment Code 5 to 9 9.9% 3 to % 8 to 4.4% 7 and Below.4% 45 to 49 5 and Over 7.%.8% 4 to % 35 to % Florida Department of Corrections Florida's Criminal Punishment Code 5 September 7

20 Table 4 Age at Offense for Offenders Under 8 Criminal Punishment Code Fiscal Year 6-7 Primary Offense 5 & Under 6 Years Old 7 Years Old Murder/Manslaughter Sexual Offenses Robbery Violent Personal Offenses Burglary Theft, Forgery, Fraud Drugs Weapons Other Offenses % 6.% 3.5% 4.8% % 4.% 3.7% 4.3% % 4.8% 6.9%.% % 6.3% 3.8% 5.4% % 3.% 36.5% 33.8% % 5.9%.% 8.% %.% 5.5% 3.7% % 7.% 7.7% 7.% 4.5% 4.% 3.5% 59.% 8.4%,78.% 5.7%,949.% Figure 4 Age at Offense Distribution Offenders Under 8 Under & 5.4% Years Old 7 6.4% Years Old 6 7.% Florida Department of Corrections Florida's Criminal Punishment Code 6 September 7

21 Table 5 Sanction Imposed by Primary Offense For All - 7 Year Olds Criminal Punishment Code Fiscal Year 6-7 Primary Offense Murder/Manslaughter Sexual Offenses Robbery Violent Personal Offenses Burglary Theft, Forgery, Fraud Drugs Weapons Other Offenses State Prison % % 5 4.% 5 4.4% % % 8.8% 53 5.% 8.7%,43.% Comm. Control 5.% 4.8% % 4 8.% % 5 6.8% 5.3% 9 8.6% 5.3%.% Probation County Jail Other 5.% 3 3.% 58 3.% % % 54.3% % 5.4%.3% 44.%.% 7 3.6% 9 4.9% 3.9% % 33 7.% 6 3.4% 4 7.% 7 3.6% 94.%.% 3 6.% 9 8.%.% 4.% 4.%.% 3 6.% 4.% 5.% Note: County Jail includes those sentenced to time served; prison includes those sentenced to life % % 39.% 3 5.4% % 59 8.% % 39 7.% 5.7%,949.% Figure 5 Sanction Imposed Distribution Offenders Under 8 County Jail Other.%.6% Probation.6% Comm. Control.9% State Prison 53.5% Florida Department of Corrections Florida's Criminal Punishment Code 7 September 7

22 Table 6 Gender by Judicial Circuit Criminal Punishment Code Fiscal Year 6-7 Judicial Circuit Male Gender Female (Pensacola) 5,75 4.7%,966.6% 7,67 6.3% (Tallahassee),954.4% 779.6% 3,733 3.% 3 (Lake City),9.6% 639.5%,56.% 4 (Jacksonville) 4, %,85.% 5, % 5 (Tavares) 6,53 5.4%,8.8% 8,7 7.% 6 (Clearwater) 7,79 6.4%,779.3%, % 7 (Daytona Beach) 4, %,539.3% 6,8 5.% 8 (Gainesville),676.% 785.6% 3,46.9% 9 (Orlando) 9,74 7.6%,9.8%,33 9.3% (Bartow) 4,73 3.9%,584.3% 6,37 5.% (Miami) 5, % 875.7% 6,38 5.% (Sarasota) 3, %,394.% 5,38 4.4% 3 (Tampa) 6, %,66.3% 8, 6.6% 4 (Panama City) 3,68.7%,37.% 4,55 3.7% 5 (West Palm Beach) 4,95 3.5% 935.8% 5,3 4.% 6 (Key West) 768.6% 78.% 946.8% 7 (Ft. Lauderdale) 5,76 4.8%,388.% 7,48 5.9% 8 (Sanford) 4,97 4.%,7.4% 6, % 9 (Ft. Pierce) 3,37.6%,4.9% 4,78 3.4% (Ft. Myers) 4,947 4.%,65.4% 6, % 93,47 77.% 7,69.9%,63.% Florida Department of Corrections Florida's Criminal Punishment Code 8 September 7

23 Table 7 Race by Judicial Circuit Criminal Punishment Code Fiscal Year 6-7 Judicial Circuit Race Black White Other* (Pensacola),5.% 5, 4.% 59.% 7,67 6.3% (Tallahassee),95.9%,396.% 4.% 3,733 3.% 3 (Lake City) 88.7%,678.4% 54.%,56.% 4 (Jacksonville),968.4%,83.3%.% 5, % 5 (Tavares),87.5% 6,57 5.4% 68.% 8,7 7.% 6 (Clearwater),58.% 7, % 33.3%, % 7 (Daytona Beach),686.4% 4,38 3.6% 4.% 6,8 5.% 8 (Gainesville),54.%,895.6% 6.% 3,46.9% 9 (Orlando) 4,4 3.6% 6, % 55.%,33 9.3% (Bartow),94.6% 4,33 3.6% 7.% 6,37 5.% (Miami) 3,.5% 3,8.7% 7.% 6,38 5.% (Sarasota),359.% 3,873 3.% 48.% 5,38 4.4% 3 (Tampa) 3,359.8% 4, % 6.% 8, 6.6% 4 (Panama City),5.8% 3,47.9% 8.% 4,55 3.7% 5 (W. Palm Beach),34.9%,8.3% 4.% 5,3 4.% 6 (Key West) 99.% 7.6% 47.% 946.8% 7 (Ft. Lauderdale) 3,784 3.% 3,44.7%.% 7,48 5.9% 8 (Sanford),33.7% 4, % 97.% 6, % 9 (Ft. Pierce),394.%,53.% 8.% 4,78 3.4% (Ft. Myers),578.3% 4,995 4.% 4.% 6, % 4, % 76, %,88.8%,63.% *Other includes Asian, Native American, and other categories. Florida Department of Corrections 9 Florida's Criminal Punishment Code September 7

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25 PART II OFFENSE TO SENTENCE DATE LAG TIME COMPARISON Florida Department of Corrections Florida s Criminal Punishment Code September 7

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27 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 8,358 scoresheets submitted to the Department of Corrections with sentence dates in FY 6-7 and offense dates on or after October, 5. The number of scoresheets submitted to the Department of Corrections with sentence dates in FY 5-6 and offense dates on or after October, 4 was 74,79. 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 6-7 (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, 7, the Department of Corrections had received almost.6 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 5-6 sentencing events is 6.4 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. months for sentencing events during FY 5-6. In FY 6-7, the average lag time for level offenses was.5 months. Also, for murder/manslaughter, the average lag time from offense to sentence is.5 months for sentencing dates in FY 5-6 and.7 months for FY 6-7 (Table ). Florida Department of Corrections Florida s Criminal Punishment Code September 7

28 The more violent, serious offenses represented 8.% of the scoresheets in FY 5-6 and 8.% in FY 6-7 (Figure ). Property offenses comprised the largest group of scoresheets received in FY 5-6 (34.9%) and FY 6-7 (34.%) (Table 3). Florida Department of Corrections Florida s Criminal Punishment Code September 7

29 Table Comparison of Average Time from Offense Date to Sentence Date by Offense Severity Level of Primary Offense, in Months Offense Severity Level FY5-6 Sentence Dates FY6-7 Sentence Dates Overall Average Table Comparison of Average "Lag" Time from Offense Date to Sentence Date by Primary Offense, in Months Primary Offense FY5-6 Sentence Dates FY6-7 Sentence Dates Murder/Manslaughter Sexual/Lewd Behavior Robbery Violent, Other Burglary Property Theft/Fraud/Damage Drugs Weapons Other Overall Average Offense dates on or after October, 4. Offense dates on or after October, 5. Florida Department of Corrections Florida's Criminal Punishment Code 3 September 7

30 Figure Distribution of Offense Group Sentence Dates in FY5-6 vs. FY6-7 4.% 34.% 3.% 34.9% 3.8% 3.8% 8.%.% 8.% ss 5.%.% 5.%.% Sentence Dates F5-6 Sentence Dates F6-7 Florida Department of Corrections Florida's Criminal Punishment Code 4 September 7

31 Table 3 Distribution of Offense Sentence Dates in FY5-6 vs. FY6-7 Primary Offense Murder/Manslaughter Sexual Offenses Robbery Violent Personal Offenses Burglary Theft/Forgery/Fraud Drugs Weapons Other FY5-6 Sentence Dates FY6-7 Sentence Dates 8 8.3%.3% %.9%,689,76.3%.%,744,79 4.4% 4.4% 7,8 8,8 9.7% 9.9% 9,6 9,97 5.5% 4.5% 3,743 6,76 3.8% 3.8%,864 3,46 3.8% 4.% 8,398 8,895.%.9% Offense dates on or after October, 4. Offense dates on or after October, 5. 74,73.% 8,358.% Florida Department of Corrections Florida's Criminal Punishment Code 5 September 7

32 st Degree Murder Primary Offense Murder/Manslaughter Table 4 Distribution of Offense FY5-6 Sentence Dates 8.3% 5.% FY6-7 Sentence Dates 8.3% 46.% nd Degree Murder 86.% 3.% 3rd Degree Murder 6.% 4.% Homicide, Other 5.%.% Manslaughter 53.% 38.% DUI Manslaughter 8.% 35.% Capital Sexual Battery Sexual Offenses 73.9% 3.% 7.9%.% Life Sexual Battery.% 3.% st Degree Sexual Battery 5.% 65.% nd Degree Sexual Battery 46.% 55.% Sexual Assault, Other 4.% 5.% Lewd/Lascivious Behavior 457.6% 44.5% Robbery with Weapon Robbery,689.3% 653.9%,76.% 664.8% Robbery without Weapon 975.3% 989.% Home Invasion, Robbery 6.% 53.% Violent Personal Offenses Home Invasion, Other, %.%,79 4.4%.% Carjacking 9.% 8.% Aggravated Assault,547.%,699.% Aggravated Battery,6.4%,86.5% Assault/Battery on L.E.O.,.6%,38.6% Assault/Battery, Other,4.6%,366.7% Aggravated Stalking 58.% 85.% Resisting Arrest with Violence,6.6%,38.7% Kidnapping 39.4% 369.5% Arson 47.% 38.% Abuse of Children,44.4%,8.4% Violent, Other,88 3.%,373.9% Leaving Accident, Injury/Death 355.5% 396.5% DUI, Injury 53.% 69.% Florida Department of Corrections Florida's Criminal Punishment Code 6 September 7

33 Table 4 Distribution of Offense Primary Offense Burglary FY5-6 Sentence Dates 7,8 9.7% FY6-7 Sentence Dates 8,8 9.9% Burglary, Structure 3,73 5.% 4,38 5.4% Burglary, Dwelling,5 3.3%,568 3.% Burglary, Armed 85.4% 34.4% Burglary with Assault 6.3% 4.3% Burglary/Trespass, Other 537.7% 594.7% Theft/Forgery/Fraud 9,6 5.5% 9,97 4.5% Grand Theft, Other 7,53 9.4% 7,483 9.% Grand Theft, Automobile,5.%,78.% Stolen Property 3,8 4.% 3,88 3.8% Forgery/Counterfeiting,5.7%,46.6% Worthless Checks 79.% 89.% Fraudulent Practices,97.6%,64.5% Theft/Property Damage, Other 3, % 3,57 4.% Drugs 3, % 6,76 3.8% Drugs, Manufacture/Sale/Purchase 5, % 5,798 7.% Drugs, Trafficking 77.% 834.% Drugs, Possession/Other 7,84 3.%,74 4.7% Weapons, % 3,46 4.% Weapons, Discharging.3% 35.3% Weapons, Possession, % 3,78 3.9% Weapons, Other 6.% 3.% Other 8,398.% 8,895.9% Escape,774.4%,98.4% DUI, No Injury 489.7% 55.7% Traffic, Other 3,54 4.7% 3,63 4.5% Racketeering 8.% 8.% Pollution/Hazardous Materials 3.% 6.% Criminal Justice System,68.9%,376.9% Other 4.6% 374.5% 74,73.% 8,358.% Offense dates on or after October, 4. Offense dates on or after October, 5. Florida Department of Corrections Florida's Criminal Punishment Code 7 September 7

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35 PART III COMPARATIVE DESCRIPTION Florida Department of Corrections Florida s Criminal Punishment Code 8 September 7

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37 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,.6% of offenders were sentenced to state prison as the most severe sanction in FY 6-7. An additional 6.% 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 (47.6%), including drug offender probation and regular probation. Less than one percent (.8%) of offenders were sentenced to other sanctions. For sentencing dates in FY 5-6,.9% of offenders were sentenced to state prison and 5.% were sentenced to county jail or time served. Less than six percent (5.%) were sentenced to community control, and 47.4% to probation. Less than one percent (.5%) of the offenders were sentenced to other sanctions (Table ). Florida Department of Corrections Florida s Criminal Punishment Code 9 September 7

38 Almost three-quarters of the 8,358 Code scoresheets with sentence dates in FY 6-7 examined (58,744 scoresheets or 7.%) 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 5-6, there were 53,94 (7.%) offenders scoring 44 points or fewer (Table ). For FY 6-7, of the offenders scoring in the recommended state prison category, 57.% were sentenced to state prison, with another 3.% sentenced to county jail or time served. Of those scoring fewer than 44 points, 6.4% were sentenced to state prison, and 3.9% to county jail/time served. For FY 5-6, 59.6% of the offenders scoring above 44 points were sentenced to state prison and another.% of these offenders were sentenced to county jail or time served. Of those scoring fewer than 44 points, 7.4% were sentenced to state prison, and 3.% to county jail/time served. (Table ). Scoresheets with a state prison sanction decreased from.9% in FY 5-6 to.6% in FY 6-7. County jail sanctions increased slightly from 5.% in FY 5-6 to 6.% in FY 6-7. Community Control sanction rates remained the same at 5.% for both FY 5-6 and FY 6-7 (Table ). Statewide, 77.4% of offenders (,944 out of 6,7) receiving a prison sanction scored out to a prison sanction in FY 6-7. Table presents the scoring distribution of offenders under the Code for FY 5-6 and FY 6-7 by circuit and sanction imposed. In FY 6-7, Circuit (Miami) had the highest percentage (9.7%) of prison sanctioned scoresheets with more than 44 points while Circuit 9 (Ft. Pierce) had the lowest (57.%). 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 Florida Department of Corrections Florida s Criminal Punishment Code 3 September 7

39 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 5-6 and FY 6-7, the majority of violent offenders received a state prison sanction (Table 4). As would be expected, 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 5-6 and FY 6-7, for offenders sentenced to state prison, the majority with offense severity levels of through 5 received less than two years, and those with offense level received more than ten years (Table 6). From FY 5-6 to FY 6-7, the percentage of scoresheets with no prior record or prior misdemeanors increased slightly. Those with four or more felonies remained the same or decreased slightly. (Table 7). From FY 5-6 to FY 6-7, the percentage of scoresheets with no additional offenses as well as those with misdemeanors decreased slightly. The percentage with four or more felonies remained the same or increased slightly (Table 8). Within the Criminal Punishment Code policy, a true mitigation occurs when an offender scores more than 44 total points and either receives a non-state prison sanction (except drug offender probation) or a state prison sentence length below the 5% permissible discretion. Sanction mitigation occurs when an offender scores more than 44 total points, but receives a non-state prison sanction (except drug offender probation). The true mitigation rate for offenders who scored more than 44 total points is 59.4% for FY 5-6 and 6.6 % for FY 6-7. The sanction mitigation rate (cases that scored to state prison but received a non-state prison Florida Department of Corrections Florida s Criminal Punishment Code 3 September 7

40 sanction) was 39. % for FY 5-6 and 4.4% for FY 6-7 (Table ). For the offenders who received a mitigated prison sentence length, the average reduction in sentence was 4.9 months during FY 5-6 and.9 months during FY 6-7 (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 In addition, other Statutes, such as F.S , establish special conditions allowing for departures from recommended sentences. Database limitations do not allow us to isolate all these reasons for departure. Florida Department of Corrections Florida s Criminal Punishment Code 3 September 7

41 Table Recommended Sanction Category by Sanction Imposed Recommended Sanction Category Sanction Imposed. Points or Less FY 5-6 Sentence Dates FY 6-7 Sentence Dates. to 44. Points More than 44. Points. Points or Less. to 44. Points More than 44. Points State Prison 59.5% 3,46.4%, % 6,399.9% 376.5% 3,4.%, % 6,7.6% Community Control 639.7%,8 6.%, % 3,846 5.% 684.7%, %,57 6.7% 4,84 5.% Probation 5, % 5,8 5.% 4,43.3% 35, % 7,3 67.% 6, % 5,6.% 38, % County Jail 6,65 7.8% 9, %,498.% 8,676 5.% 7,4 8.%,8 33.%,994 3.%,46 6.% Other 8.5% 86.6% 8.4% 386.5% 5.6% 33.% 33.6% 66.8% 3,869.% 3,55.%,789.% 74,73.% 5,358.% 33,386.%,64.% 8,358.% Figure Sanction Imposed for Offenders Scoring In the State Prison Sanction Category* 6.% 45.% 3.% 5.%.% FY5-6 State Prison Comm. Control Probation County Jail Other FY6-7 * points greater than 44. Offense dates on or after October, 4. Offense dates on or after October, 5. 33

42 Judicial Circuit / Sanction Imposed Table Recommended Sanction Category by Sanction Imposed. Points or Less Recommended Sanction Category FY 5-6 Sentence Dates FY 6-7 Sentence Dates. to 44. More than 44.. Points or. to 44. Points Points Less Points More than 44. Points (Pensacola), %,38 4.%,8 3.%,97 37.%,9 43.%,63.% Prison % 4.6% % 3 3.% % % Community Control 95 4.% 53.6% 87.% 8.9% 3 5.8% 77 8.% Probation,9 5.%,3 4.6% %, %,4 4.% 67 6.% County Jail % % % % % 9 7.7% Other 3.9% 4 5.% 3.9% 3.3% 3 49.% 8.5% (Tallahassee) % % % % % % Prison.3% 65 5.% % 9.% 59 4.% % Community Control 4 4.% % % 9.6% % % Probation % % % 4 37.% % 3.% County Jail % % % 3 8.% 6 5.4% 9.7% Other 6 4.9% 6 4.9% 4.3% 5.% 5 6.5%.5% 3 (Lake City) % % % % % % Prison 7.% 84 5.% 4 7.7% 8.% 5 3.6% % Community Control 4 8.5% % % 3 5.9% % 5 6.5% Probation % % 55.% % % % County Jail 8 4.8% 5 45.% 34 3.% % % 8 7.% Other 6.% % 35.% 4 6.9% % 7 9.3% 4 (Jacksonville) 68.4%, %,43 39.%,33 6.3%,8 4.%,37 3.8% Prison % %,5 64.8% 38.6% %,5 69.% Community Control 4.4% 53.7% 9.% 6 3.% 36 5.% 7 4.6% Probation 3 36.% % 3 8.3% % % 7 3.5% County Jail 39 4.% % 96.% % % 67.% Other.%.%.% #DIV/! #DIV/! #DIV/! 5 (Tavares),49 3.6%, %,7 7.8%, %,6 4.8%, % Prison 7.3% 6 8.4% % 8.5% 33.9%,5 78.6% Community Control 45.3% 4 54.% 5 4.6% % % % Probation, % % 35.5%,8 43.9%, 44.8% 78.3% County Jail % % % % % 4 8.3% Other 8 65.% 7.9% 3 7.% 35.5% % 6.% 6 (Clearwater),34 3.9% 3,64 45.%,658.9%,57 3.5% 3,8 45.6%, % Prison.6% %,5 84.7% 8.5% 7 3.9%,3 84.6% Community Control 3 4.6% 3 55.% 6 3.% 9 4.8% % % Probation,89 4.9%, % 86.3%,68 4.%,4 46.6% % County Jail,58 36.%, % 6.8%, %, % 44 8.% Other 6 7.3% 5.% 5.7% 5 8.3% % 5.6% 7 (Daytona), %,35 37.% %,78 4.7%, % 93.6% Prison 7.9% % 48 4.% 99.% % % Community Control 65 3.% % % % 46.6% % Probation,63 5.4% % %, % % 8.% County Jail % 7 3.% 7 6.6% 35 4.% % 6.8% Other % 6 46.%.% 6.3% 9 5.% 9 3.7% 8 (Gainesville) % % % % % % Prison 8.3% 7 8.4% % 6.% 9 9.% % Community Control 8 8.8% 5 54.% 6 7.% 3 5.6% % 7 3.% Probation % %.% % % 4.8% 34

43 Table Recommended Sanction Category by Sanction Imposed Judicial Circuit / Sanction Imposed County Jail Other 9 (Orlando) Prison Community Control Probation County Jail Other (Bartow) Prison Community Control Probation County Jail Other (Miami) Prison Community Control Probation County Jail Other (Sarasota) Prison Community Control Probation County Jail Other 3 (Tampa) Prison Community Control Probation County Jail Other 4 (Panama City) Prison Community Control Probation County Jail Other 5 (West Palm Beach) Prison Community Control Probation County Jail Other 6 (Key West) Prison Recommended Sanction Category FY 5-6 Sentence Dates FY 6-7 Sentence Dates. Points or Less. to 44. Points More than 44. Points. Points or Less. to 44. Points More than 44. Points % 3 5.% 43.5% % 5.% 44.5% 8 5.8% 8 58.% 5 6.%.% % 8 5.4%, %, %, %, %, %,96 6.% 3.% 3.6%,4 84.% 3.3% 4 5.5%,3 8.% % 8 4.8% % % 9 4.9% 95 4.%, %,5 39.9% 34.6%,5 47.6%, % 4.8%,48 39.%,37 5.% 6 9.7% %,369 5.% 34.% % % 7.7%.% 3.%.%,99 9.%, % %,33 8.6%,4 47.%,5 4.4% 9.% 3 5.% % 6.6% 6.4% % % % % 4 4.6% % % % % 8 6.% %,6 5.7% 4 6.% 5 33.% % 6 4.% 94 9.% % % 7 3.8% 54.5% 3 3.6% 4 8.6% 8 57.% 4.3%,34 8.6%,3 3.6%,76 4.8%,344 8.%, %, %.3% 3 5.5% %.% 5 5.% % 5 6.% 5.5% % 7 6.7% 57.6% % % % % % % % % % % 369.3% % 68 4.%.%.%.% #DIV/! #DIV/! #DIV/!,38 3.8%, % %,93 3.4%,5 43.7% % 7.% 6.% %.4% 6 6.7% % 6 5.% % 5.5% 68 8.% % % % % 45 9.% % % 9.% 6 3.3% 5.%, % 7.7% 3.5%,4 37.7% % 8 47.% 54.% 4 3.% 6.% %.7% 5 8.5% % 6.9% 5.6% % %.% %.% % 5.%, % 7.% %,4 4.4% 63 4.% 4 3.5%, % % 5.% % 4 5.% 4 5.9%, % 74.9% 3.6% % % % 95 4.%.6% %.%,5 38.% % 6 7.5% 578.9% 4 7.6% 5 9.4% % % % 63.7% 6.% 8 9.6%,7 35.% % % 3.% 39.8% % % % % 5.%,54 5.9% 3.3% 6.% % % 4.3% % 4 3.% 4.% % 3.4% 7.9% 9 3.8% 3.4% 7 3.% % % 4 4.3% 4 7.%.5% % 5.%, %.% 73.7%,46 4.3% % %,34 47.% % 6.% % % %,55 4.% 77.% % % % % 48.% 9 8.4% 5 6.%.%, % % % % % 6 3.% % % 9 6.7% 54.3% 9.9% 8 3.9%,37 35.% % 4.7% % 384.% 9 3.% 4 4.8% 47 7.%

44 Table Recommended Sanction Category by Sanction Imposed Recommended Sanction Category Judicial Circuit / FY 5-6 Sentence Dates FY 6-7 Sentence Dates Sanction Imposed. Points or. to 44. More than 44.. Points or. to 44. More than 44. Less Points Points Less Points Points Community Control.3% 6 6.5% 6 37.% 3 8.8% 6 47.% 5 44.% Probation 6 4.3% % % % 4 5.3% 39 4.% County Jail 4 9.6% % 8.% 9.9% % 6.4% Other.%.%.% 4 8.6% 8 57.% 4.3% 7 (Ft. Lauderdale),3 36.8%,37 37.% %,7 33.5%, %,96 9.9% Prison 4 3.% % %.% 5.3% % Community Control.% 6 35.% 9 5.9% 3 7.% 4.4% 9 7.5% Probation,8 45.%,6 39.3% 4 5.6%, 44.% % % County Jail % % % 9 9.6% 8 6.% % Other 5 9.4% 8 47.% 4 3.5% 3 59.% 4 8.% 5.7% 8 (Sanford), %,85 4.9% 99.9%, %, %,3 3.4% Prison 4.% 6.9% % 9.% 96 3.% % Community Control 46.5% % % 48.7% % % Probation,6 49.%,8 43.% 8 7.7%,5 47.6%,5 45.% % County Jail 5 3.8% % 66 8.% % % % Other 6 7.% 57.% 9 5.7% 6 8.6% 57.% 3 4.3% 9 (Ft. Pierce),64 4.8%,3 36.9% 594.3%,8 4.7%, 4.4% % Prison 7 9.% % % 8 3.9% % % Community Control % % 6 6.% % 6 5.7% 9 5.8% Probation % % % % % 59 5.% County Jail % % 4 5.5% % % 3 4.% Other 4.% 4.%.%.%.%.% (Ft. Myers), %,85 4.5% 957.%, %, % 94.% Prison 9.% 68.4% % 3.8% 58.9% % Community Control 8 3.% % 49.8%.4% 6 6.% % Probation,68 47.% % 3 9.8%, 45.8%,4 43.4% 58.8% County Jail % 56 5.% 76 7.% % % % Other 5.% 5.%.%.%.%.% Statewide 3,866.% 3,54.%,789.% 5,356.% 33,385.%,64.% Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 4. Offense dates on or after October, 5. 36

45 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County FY 5-6 Sentence Dates FY6-7 Sentence Dates State Prison Comm. Control Probation County Jail Other Sentence State Prison Comm. Control Probation County Jail Other Sentence (Pensacola) 989.5% 39 8.%,47 5.% 98.3% 46.% 4,85.% % 4 7.9%,78 5.%,83.% 65.% 5,33.% Escambia 48.% %,6 44.3% %.9%,93.% 48 9.% 8.3%,5 45.5% % 37.5%,57.% Okaloosa 94.8% % % 6.5% 7.%,44.% 6 8.% 3 8.6% % 4 6.8%.5%,438.% Santa Rosa % % % % 8.% 737.% 4.9% 6 6.3% % 33 4.% 7.7% 96.% Walton % 9 5.% % 6 5.7%.% 38.% 6 5.4% 8 7.% % %.% 397.% (Tallahassee) 43.4% 5.%, % % 4.7%,96.% 4 9.8% 4 5.4%, % 44.8% 8.4%,8.% Franklin 4 5.4% 9 9.9% 6 67.% 6 6.6%.% 9.% 8 9.% 4 4.9% 5 53.%.7%.% 94.% Gadsden 35.7% 5 3.% % 5 8.9%.6% 69.% 9 3.8%.8% % 7 5.7%.%.% Jefferson 5 5.6% 4 4.% 77 8.%.%.% 96.% 4 9.% 3 6.8% 3 68.% 6 3.6%.3% 44.% Leon % 7 4.9% 75 5.% 33.9%.8%,448.% 346.3% % % 4 3.5% 5.3%,78.% Liberty 4 4.% 5 8.6% % 9.%.% 58.% 3.3% 3 7.% 6 6.5% 4 9.3%.% 43.% Wakulla 6 5.% 6 9.4% 4 64.%.6%.% 64.% 3.%.% %.3%.9% 7.% 3 (Lake City) % 65.5% % 3 7.9% 6 4.%,438.% % 89.3% % 5 6.8% %,534.% Columbia 6.% % % 53.6% 6 3.% 5.% % 49 8.% % 5 8.7% 3.7% 598.% Dixie 4 8.% 8 9.4% % 5 5.9% 6 7.% 85.% 5.% % % 9 6.5% 7 5.% 39.% 37

46 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County Hamilton State Prison 7 7.3% FY 5-6 Sentence Dates Comm. County Other Probation Control Jail Sentence % 6.% 7.3%.% 98.% State Prison 4.7% FY6-7 Sentence Dates Comm. County Other Probation Control Jail Sentence % 53.9% 6.9%.% 89.% Lafayette 8 5.8% 3.% 67.7%.% 3.% 3.% 8 5.% 5 5.6% % 3.%.% 3.% Madison 5 4.5% 5.8% 69.8% 7 4.% 5.8% 7.%.8% 9 5.% %.% 5 8.4% 78.% Suwannee % 5 9.4% 45.7% 3 8.6% 3.% 67.% 7 6.% 4 5.% % 7.4% 6.% 7.% Taylor 59.8% 7 5.% % 8.8% 7.7% 84.% 55 4.% % % 6.6% 8 3.5% 7.% 4 (Jacksonville), % 4.3% % %.% 3,9.%,47 34.% 69.6%,63 9.3%,5 35.%.% 4,33.% Clay 7 4.% 4.9% 3 4.3% %.% 44.% 9 8.9%.8% % 73 6.%.% 665.% Duval,37 5.% 35.4% % %.%,574.%,7 37.% 49.5% 79 4.%,8 37.3%.% 3,64.% Nassau %.% % 3 6.7%.% 9.% 7 8.5% 8.% % 3.3%.% 384.% 5 (Tavares),75 5.7% 4.6%,46 49.% % 43.9% 4,57.%,59 6.% %, %,7 7.9% 6.% 6,4.% Citrus 4 9.6% % % 8 6.3% 5.7% 73.% % 8 9.5% % 5 7.6% 5.6% 86.% Hernando 6 3.9% 5 6.% % % 4.5% 844.% % % % 89.% 7.%,363.% Lake % 39.9% % % 7.%,33.% 47 4.% % % % 9.7%,747.% Marion % 4 3.% % 64.% 7.5%,346.% % 38.% % %.6%,694.% 438.% Sumter % 7 5.% % %.% 335.% % 4.6% % 4 3.4%.% 38

47 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County FY 5-6 Sentence Dates FY6-7 Sentence Dates State Prison Comm. Control Probation County Jail Other Sentence State Prison Comm. Control Probation County Jail Other Sentence 6 (Clearwater),34 8.% 5.8%, %,9 4.4%.3% 7,6.%,9 7.3% 8.8%, %,97 4.% 8.% 7,64.% Pasco % 55.6% % % 9.4%,76.% % 4.% % %.5%,9.% Pinellas % 5.9%, %,8 43.3% 3.3% 5,5.% % 88.7%, %,37 46.% 7.4% 5,35.% 7 (Daytona) 99 7.% 3 5.6%,7 55.6% 49.% 3.4% 3,644.% 978.9% 9 5.%, % % 38.9% 4,68.% Flagler 65 4.% 8.% % 49 8.%.7% 69.% 5 7.7% 7.4% % % 4.4% 88.% Putnam % 7 5.3% % 54.7% 3.6% 57.% % 5 4.4% 33 4.% 3 3.3% 3.3% 566.% St. Johns % 9 4.6% % %.% 634.% 73.7% 7 3.5% % 57.6%.% 763.% Volusia 6 6.9% 5 5.6%,4 55.5% 6.6% 8.4%,34.% 59.3% 6 6.%, % 8.3%.8%,65.% 8 (Gainesville) 6 9.5% % % 49.% 3.5%,4.% % 9 3.8%, % % 5.%,364.% Alachua % % 5 4.9% 68.4%.6%,53.% % % % % 4.8%,47.% Baker % 4.5% 8 4.% 5 3.% 3.6% 9.% % 7 8.% 9 4.7% 4.7%.9% 3.% Bradford 44.%.% % 6 9.%.5% 9.% % 4.5% % 5 9.5% 3.% 6.% Gilchrist 9.4%.5% % 7.6%.9% 68.% 3 9.%.9% % 8 7.5%.9% 6.% Levy 63.7% 8 6.5% % 39 4.% 4.4% 78.% 6 3.7% 4.% 7 46.% 6 4.5% 4.6% 53.% Union 3.8% 6 4.3% 5.% 4 9.5%.4% 4.% 34.4% 3 4.9% 3 5.8% 5 8.%.6% 6.% 39

48 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County 9 (Orlando) Orange Osceola (Bartow) Hardee Highlands Polk (Miami) Miami-Dade (Sarasota) Desoto Manatee Sarasota 3 (Tampa) Hillsborough State Prison, %,46.% 8 4.6% % % 87.% % % % 69.5% % 87.% %,63 8.8%,63 8.8% FY 5-6 Sentence Dates Comm. County Other Probation Control Jail Sentence 96 3,67,68 3.6% 4.3% 36.%.%,3,67 3.% 39.5% 36.9%.% % 47.8% 3.9%.% 66, % 5.6% 6.5%.6% % 55.8% 7.3%.% % 55.5% 5.3%.5% 5 7.% % % 44 7.% % % 3 6.5% 84 5.% 84 5.%,6 5.8%, %, %, % 45.% % %, %, % %,5 35.3%,5 35.3% % 43 6.% 3.9% 56 9.%,53 7.%,53 7.% 4.4%.%.% 4.%.%.% 4.% 7.3% 7.3% 7,43.% 5,867.%,564.% 3,76.% 97.% 4.% 3,53.% 4,36.% 4,36.% 3,369.% 66.%,36.%,74.% 5,653.% 5,653.% State Prison, % % 45.5%,58 4.6% 4 3.% 89 8.% % 49.3% 49.3% % % 9 9.8% 35 9.%,99 8.5%,99 8.5% FY6-7 Sentence Dates Comm. County Other Probation Control Jail Sentence 5 3,96, % 4.7% 35.8%.% 43,364,6 3.5% 4.% 38.4%.% % 45.% 7.9%.% 8, % 53.% 5.5%.3% % 6.3%.4%.6% % 49.%.%.8% 5 6.% 5 5.3% 5 5.3% 43 7.% 35.8% % 7.% % %, %, %, %, % 4 47.% % %, %, % %, %, % % 45 5.% % %,5 5.6%,5 5.6% 4.%.%.% 4.%.3%.%.% 6.4% 6.4% 7,477.% 5,634.%,843.% 4,39.% 73.% 488.% 3,648.% 4,775.% 4,775.% 3,48.% 97.%,47.%,7.% 5,943.% 5,943.% 4

49 Table 3 Sanction Imposed By Judicial Circuit and County Circuit/County FY 5-6 Sentence Dates FY6-7 Sentence Dates State Prison Comm. Control Probation County Jail Other Sentence State Prison Comm. Control Probation County Jail Other Sentence 4 (Panama City) % 3 9.5%, % 46.9% 7.%,45.% % 345.3%, % 7.5% 7 4.%,84.% Bay % %,3 6.% 6.4% 9.%,83.% % 8.4% % 4.3% %,764.% Calhoun 8 8.8% 5 5.6% % 4 4.%.% 96.% 9 6.% 6 3.6% %.% 7 5.9% 8.% Gulf % 6 5.8% 5 5.% 5 4.8% 5 4.8% 4.% % 9.3% 7 45.% 8 5.% 3.5% 55.% Holmes % 4.3% %.%.% 77.% % % 8 54.% 5.% 4.7% 36.% Jackson 5 5.% 5 6.5% 9 39.% 4.3%.% 3.% % 3 3.8% % 3.% 7.% 34.% Washington 35 3.% 9.7% %.9%.8% 3.% 38.% 4.7% 8 6.4% 6 3.% 3.6% 89.% 5 (West Palm Beach) 676.3% 36.%,5 34.6%, % 9.3% 3,333.% 757.% 54.4%,6 3.9%, % 8.7% 3,778.% Palm Beach 676.3% 36.%,5 34.6%, % 9.3% 3,333.% 757.% 54.4%,6 3.9%, % 8.7% 3,778.% 6 (Key West) % % % 8 6.7% 4.8% 486.% % % % % 4 3.% 459.% Monroe % % % 8 6.7% 4.8% 486.% % % % % 4 3.% 459.% 7 (Ft. Lauderdale) 456.7% %, % % 7.5% 3,585.% % 83 5.%, % 46.6%.6% 3,66.% Broward 456.7% %, % % 7.5% 3,585.% % 83 5.%, % 46.6%.6% 3,66.% 8 (Sanford) 7 6.5% %, % % 35.8% 4,39.% % %, % %.5% 4,376.% Brevard % 67.5%, % % 5.6%,553.% % %,59 53.% %.4%,853.% 4

50 Circuit/County State Prison Seminole 8 6.% 9 (Ft. Pierce) % Indian River 8.9% Martin 69 9.% Okeechobee 5 3.3% St. Lucie 39 3.% (Ft. Myers) % Charlotte 4.3% Collier 64 7.% Glades 3 4.5% Hendry 3.7% Lee % Statewide 6,398.9% Table 3 Sanction Imposed By Judicial Circuit and County FY 5-6 Sentence Dates FY6-7 Sentence Dates Comm. Control 3 7.5% 3.6% 4 6.8%.7% 8.5% 4 3.% 5 4.9% 3 4.9% %.9% 8 5.% 7 4.6% 3,846 5.% Probation %,65 4.8% % % 4 43.% 5 4.%,74 5.% % 48 5.% 8 5.8% %, % 35, % County Jail % 75 6.% 65 8.% % 7.8% %,78 4.8% 99 3.% %.8% 45 8.% 565.4% 8,673 5.% Other Sentence.% 5.% 4.7%.%.3%.%.%.%.%.%.%.% 386.5%,766.%,788.% 585.% 58.% 35.%,97.% 4,355.% 658.% 959.% 53.% 6.%,54.% 74,79.% State Prison % 7 6.% 8.8% % % % 7 6.% % 34 5.% 9 8.8% 4 7.% % 6,7.6% Comm. Control 7.3% 4.4% 63.%.% 3.6% 34.7% % 33 4.% 4 4.6% 3.% 9 3.7% 8 4.3% 4,84 5.% Probation,36 68.%,49 4.% 33 4.% 36 4.% % %,4 53.6% % % % %, % 38, % County Jail % 74 7.% 5 6.9% 66 9.% % %,64 6.% 38 3.% 7 5.7% 9 3.6% % %,43 6.% Other Sentence.7%.%.%.%.%.%.%.%.%.%.%.% 66.8%,53.%,74.% 566.% 573.% 37.%,78.% 4,48.% 789.% 883.% 66.% 46.%,496.% 8,355.% Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 4. Offense dates on or after October, 5. 4

51 Table 3.A Sanction Imposed By Judicial Circuit Circuit/County State Prison FY 5-6 Sentence Dates FY6-7 Sentence Dates Comm. Control Probation County Jail Other Sentence State Prison Comm. Control Probation County Jail Other Sentence (Pensacola) 989.5% 39, % 5.%.3%.% 4,85.% % 4,78, % 5.%.%.% 5,33.% (Tallahassee) 43.4%, % 54.3% 7.4%.7%,96.% 4 9.8% 4, % 53.6%.8%.4%,8.% 3 (Lake City) % % 53.3% 7.9% 4.%,438.% % % 5.5% 6.8% 3.8%,534.% 4 (Jacksonville), % % 9.4% 9.7%.% 3,9.%,47 34.% 69,63,5.6% 9.3% 35.%.% 4,33.% 5 (Tavares),75 5.7%, % 49.% 9.6%.9% 4,57.%,59 6.% 93,459, % 4.3% 7.9%.% 6,4.% 6 (Clearwater),34 8.% 5,773,9.8% 38.4% 4.4%.3% 7,6.%,9 7.3% 8,663,97 8.8% 37.7% 4.%.% 7,64.% 7 (Daytona) 99 7.% 3, % 55.6%.%.4% 3,644.% 978.9% 9, % 58.% 3.%.9% 4,68.% 8 (Gainesville) 6 9.5% % 44.3%.%.5%,4.% % 9, % 44.5% 7.7%.%,364.% 9 (Orlando), % 96 3,67,68 3.6% 4.3% 36.%.% 7,43.%, % 5 3,96, % 4.7% 35.8%.% 7,477.% (Bartow) % 66, % 5.6% 6.5%.6% 3,76.%,58 4.6% 8, % 53.% 5.5%.3% 4,39.% 43

52 Table 3.A Sanction Imposed By Judicial Circuit FY 5-6 Sentence Dates FY6-7 Sentence Dates Circuit/County State Prison Comm. County Other Probation Control Jail Sentence State Prison Comm. County Other Probation Control Jail Sentence (Miami) % 44,966,5 5.7% 45.6% 35.3%.% 4,36.% 49.3% 5,374, % 49.7% 34.7%.% 4,775.% (Sarasota) 69.5% 44, % 46.6% 5.6%.% 3,369.% % 43, % 49.6% 3.4%.% 3,48.% 3 (Tampa),63 8.8% 84,759, % 48.8% 7.%.3% 5,653.%,99 8.5% 353,943, % 49.5% 5.6%.4% 5,943.% 4 (Panama City) % 3, % 56.9%.9%.%,45.% % 345, % 53.4%.5% 4.%,84.% 5 (West Palm Beach) 676.3% 36,5,46 9.% 34.6% 43.8%.3% 3,333.% 757.% 54,6, % 3.9% 45.9%.7% 3,778.% 6 (Key West) % % 54.% 6.7%.8% 486.% % % 6.3% 4.6% 3.% 459.% 7 (Ft. Lauderdale) 456.7% 74, % 75.3% 6.7%.5% 3,585.% % 83, % 68.%.6%.6% 3,66.% 8 (Sanford) 7 6.5% 399, % 54.6% 8.8%.8% 4,39.% % 377, % 58.4% 5.7%.5% 4,376.% 9 (Ft. Pierce) %, % 4.8% 6.%.%,788.% 7 6.%, % 4.% 7.%.%,74.% (Ft. Myers) % 5,74,78 4.9% 5.% 4.8%.% 4,355.% 7 6.% 93,4,64 4.3% 53.6% 6.%.% 4,48.% Statewide 6,398.9% 3,846 35,46 8, % 47.4% 5.%.5% 74,79.% 6,7.6% 4,84 38,69, % 47.6% 6.%.8% 8,355.% Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 4. Offense dates on or after October, 5. 44

53 Table 4 Offense Types by Sanction Imposed Offense Type State Prison Comm. Control FY5-6 Sentence Dates FY6-7 Sentence Dates Probation County Jail Other State Prison Comm. Control Probation County Jail Other Murder/Manslaughter Attempt Complete Sexual/Lewd Behavior Attempt Complete Robbery Attempt Complete , ,56 Violent,Other Attempt Complete 44, ,553 7, ,666 5, ,69 6,948 86,68 Burglary Attempt Complete 53,58 5 4,87 49, ,954 9, ,36 46, ,8 Property Theft/Fraud/Damage Attempt Complete 5, ,94 5, ,3 3,664 85, , ,889 Drugs Attempt Complete 44 3,86,4 7,48 7 7, 9 3 3,5 37 4,5,9 8, , ,53 Weapons Attempt Complete 6,67 7 4, ,85,6 3, ,393 Other Attempt Complete 7, ,6, ,366 4, ,857, ,797 6,399 3,846 35,46 8, ,73 6,7 4,84 38,69, ,358 Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 4. Offense dates on or after October, 5. 45

54 Table 5 Sanction Imposed by Offense Severity Level Offense Severity Level State Prison Comm. Control FY5-6 Sentence Dates FY6-7 Sentence Dates Probation County Jail Other Sentence State Prison Comm. Control Probation County Jail Other Sentence % % 4,98 46.% 4, % 76.7%,77.% % % 5, % 4,58 4.5% 9.8%,43.% % 3 3.6% 5, %,49 8.% 46.5% 8,639.% % % 5, %, % 84.9% 8,93.% 3,84 9.% 84 4.%, % 6, % 9.6% 9,98.%, %,33 4.5%, % 7, % 97.9%,89.% 4,93.% % 4, %,6 3.3% 56.6% 9,469.%,35.6% % 5, %, % 97.9%,83.% 5 3,77 3.5% % 5,4 43.4%,7 7.8% 43.4%,63.% 3,89 3.5% % 5,84 4.8%,37 9.% 8.6%,35.% 6,76 3.9% % 3,78 5.3% 659.% 4.4% 6,5.%,977 8.% % 3,83 54.% 74.5% 45.6% 7,55.% 7 3, % %,69 8.6% % 7.3% 5,66.% 3, % %,69 8.% % 8.3% 6,.% % 9.5% 9 6.3% 33.8% 3.3%,74.% 9 7.5% 8 8.7% 7.%.6% 3.%,44.% % % %.4%.% 83.% % 8 9.5% % 7.%.% 839.% % 6 3.7% 7.4%.6%.6% 6.% % 7 3.7% 6.3% 3.6%.5% 89.% 6,399 3,846 35,46 8, ,73 6,7 4,84 38,69, ,358.9% 5.% 47.4% 5.%.5%.%.6% 5.% 47.6% 6.%.8%.% Note: County jail includes those sentenced to time served; prison includes those sentenced to life. Offense dates on or after October, 4. Offense dates on or after October, 5. 46

55 Table 6 State Prison Sentence Length by Offense Severity Level Offense Severity Level FY5-6 Sentence Dates FY6-7 Sentence Dates GT 4-LE GT 4-LE LE * GT -LE 4* GT * LE * GT -LE 4* GT * * * % %, %,39 63.%,5 55.8%,3 49.3% % 6.7% 6 9.% 6.3% 8, % 7.% 78 3.% % %,56 3.6% %,9 37.7% 8.5% 4.8% 5 3.5% 4, % * LE = Less than or equal to; GT = Greater than 6.9% 4 5.3% % 7 9.9% 44.7% % % % % 4 6.9%, %.6%.3% 4.% 5.% 7.9% % % 75.9% % % %.% 769.%,84.%,93.% 3,77.%,76.% 3,35.% 836.% 689.% 4.% 6,399.% 77.3% %, %, %,54 5.8% % % 3.4% 83.5% 6 9.6% 8,374 5.% 6.% 6 6.9% 34 7.% 56 5.%, % %,48 37.% 5.7% 3 7.% 6 3.6% 4, % 6.% % 5.% % 459.8% % % % % %,9 7.5%.5%.3% 8.4% 6.7% 6.5% 7 3.6% % 6 8.% 7 3.7% 6.8% 83 5.% 85.% 687.%,995.%,35.% 3,89.%,977.% 3,353.% 9.% 663.% 66.% 6,7.% Offense dates on or after October, 4. Offense dates on or after October, 5. 47

56 Table 7 Number of Prior Offenses* Prior Offenses FY5-6 Sentence Dates FY6-7 Sentence Dates Number Percent Number Percent None Misdemeanor Only One Felony Two Felonies Three Felonies Four Felonies Five Felonies Six Felonies Seven or More Felonies 5,7 9,79 4,67,85 6,67 4,94,34,88,47.% 5.8% 9.6% 3.8% 8.9% 5.6% 3.%.6%.4% 6,93,798 5,7,378 7,3 4,467,37,37,4.8% 5.6% 9.3% 4.% 9.% 5.5%.9%.5%.4% 74,73.% 8,358.% * As indicated on the scoresheet. Table 8 Number of Additional Offenses* Additional Offenses FY5-6 Sentence Dates FY6-7 Sentence Dates Number Percent Number Percent None Misdemeanor Only One Felony Two Felonies Three Felonies Four Felonies Five Felonies Six Felonies Seven or More Felonies 35,7 9,8,95 3,996, % 5.6% 7.3% 5.3%.%.9%.4%.%.3% 37,45,585 4,8 4,638, % 6.5% 7.5% 5.7%.3%.9%.5%.%.4% 74,73.% 8,358.% * As indicated on the scoresheet. Offense dates on or after October, 4. Offense dates on or after October, 5. 48

57 Number of Prior Felonies None One Two Three Four Five Six Seven or More State Prison Table 9 Prior Felony Record* and Sanction Imposed FY5-6 Sentence Dates FY6-7 Sentence Dates Comm. Control Probation County Jail Other Sentence State Prison Comm. Control Probation County Jail Other Sentence 3,775,99,8 6, ,46 3,98,8 4,65 7, ,7.% 5.8% 64.5% 8.%.6%.%.4% 5.6% 63.8% 9.%.%.%, ,87 4, ,67, ,75 5,9 4 5,7.% 5.% 4.3% 3.7%.6%.% 9.% 5.% 4.8% 3.4%.7%.% 3, ,49 3,6 4,85 3, ,898 3,783 58, % 4.9% 33.% 3.7%.4%.% 7.% 4.8% 34.3% 33.%.5%.%,443 86,88,4 9 6,67, ,63, ,3 36.6% 4.3% 8.% 3.6%.3%.% 34.6% 4.7% 8.% 3.%.4%.%, ,44 8 4,94,88 85,64,369 4, % 3.8%.3% 9.7%.%.% 4.9% 4.% 3.8% 3.6%.5%.%, ,34, , % 3.3% 9.5% 7.6%.3%.% 47.6% 3.%.9% 8.%.3%.% , ,37 53.%.4% 7.% 7.3%.%.% 5.6% 4.% 7.7% 7.%.%.% , ,4 54.% 3.3% 4.% 8.%.4%.% 53.7% 3.5% 4.% 8.3%.3%.% 6,399.9% * As indicated on the scoresheet 3,846 5.% 35, % 8,676 5.% 386.5% 74,73.% 6,7.6% Note: County jail includes those sentenced to time served; prison includes those sentenced to life. 4,84 5.% 38, %,46 6.% 66.8% 8,358.% Offense dates on or after October, 4. Offense dates on or after October, 5. 49

58 Number of Additional Felonies None One Two Three Four Five Six Seven or More * As indicated on the scoresheet. State Prison Table Additional Offenses* and Sanction Imposed FY5-6 Sentence Dates FY6-7 Sentence Dates Comm. Control Probation County Jail Other Sentence State Prison Comm. Control Probation County Jail Other Sentence 8,36,53 8,59 5, ,88 8,,689 3,388 7, , 5.% 4.6% 5.4% 8.3%.6%.% 3.7% 4.6% 5.5% 9.4%.8%.% 4,9 85 5,46,484 6,95 4,7 96 6,45, ,8 3.9% 6.6% 4.9% 9.%.5%.% 3.% 6.8% 4.5%.%.6%.%, 88, ,996,4 34, , % 7.% 3.%.8%.4%.% 45.4% 6.8% 3.9% 4.3%.6%.% ,6, ,847 6.% 7.5% 4.% 7.9%.%.% 57.9% 6.7% 4.5%.8%.%.% % 6.4% 9.% 4.3%.%.% 65.5% 6.3%.% 7.7%.4%.% % 5.4%.4% 6.4%.%.% 7.% 5.% 7.% 5.5%.%.% % 5.%.4%.6%.%.% 8.%.%.%.8%.6%.% %.7% 9.%.8%.5%.% 78.% 7.8%.9%.%.%.% 6,399.9% 3,846 5.% 35, % 8,676 5.% 386.5% 74,73.% 6,7.6% Note: County jail includes those sentenced to time served; prison includes those sentenced to life. 4,84 5.% 38, %,46 6.% 66.8% 8,358.% Offense dates on or after October, 4. Offense dates on or after October, 5. 5

59 Table Mitigation Rates* Among Offenders Scoring in Recommended State Prison Sanction Category Category Mitigated Mitigated Sanction Mitigated Length Not Mitigated FY5-6 Sentence Dates FY6-7 Sentence Dates Number / Percent, % 8,33 39.% 4,3.3% 8, %,789.% Average Mitigated Length in Months 4.9 Number / Percent 3,98 6.6% 9,4 4.4% 4,787.% 8, %,64.% Average Mitigated Length in Months * Mitigation of sanction occurs when an offender does not receive a prison sanction although a prison sanction is mandated by the Criminal Punishment Code. 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. Offenders scoring to state prison who receive a Drug Offender Probation sentence are not counted as mitigated..9 Figure Offenders Scoring in Recommended State Prison Sanction Category FY5-6Sentence Dates FY6-7 Sentence Dates Mitigated Not Sanction Not Mitigated 4.4% Mitigated Mitigated 38.4% 4.6% Sanction 39.% Mitigated Mitigated Length Length.3%.% n =,789 n =,64 * points exceeding 44. Offense dates on or after October, 4. Offense dates on or after October, 5. 5

60 Figure 3 Deviation Rates Below Permitted Sentences Among All Offenders Sentenced FY 5-6 Sentence Dates FY 6-7 Sentence Dates Mitigated Mitigated Sanction Mitigated Mitigated Length.9% Length Sanction 5.6% 5.9%.% Not Not Mitigated Mitigated 8.9% 83.5% n = 74,73 n = 8,358 Table Mitigated Sanction Rates* By Judicial Circuit FY5-6 Sentence Dates FY6-7 Sentence Dates 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 %,5 6.5% - Miami,76, 68.3%,874,48 75.% - Sarasota % % 3- Tampa,5, %,337,8 54.8% 4- Panama City % % 5- West Palm Beach, %, % 6- Key West % % 7- Ft. Lauderdale %, % 8- Sanford %, % 9- Ft. Pierce % 56 9.% - Ft. Myers % % Statewide,789 8,33 39.%,64 9,4 4.4% * 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. Offense dates on or after October, 4. Offense dates on or after October, 5. 5

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