Fla. Admin. Code R. 23-21.011

Current through Reg. 50, No. 235-239, December 10, 2024

Section 23-21.011 - Calculating Time in Custody

Time in custody means only time in actual physical custody for the present offense of conviction. Time out of incarceration shall be part of the calculation of time in custody. Time out shall include but not be limited to bail, supersedeas bond, escape, unauthorized absence from official custody, parole or MCR not credited by the Commission, or Federal Witness Protection and must be considered before a presumptive parole release date is established. Following are the procedures to be followed in calculating time in custody for single conviction commitments, multiple conviction commitments and cases where aggregation applies:

(1) Single Conviction Commitments:

(a) From the inmate's judgment and sentence document, determine the date of sentencing of the present offense of conviction.

(b) From the judgment and sentence document, determine the amount of county jail credit the Court awarded the inmate.

(c) Subtract from the date of sentence the Court awarded county jail credit. This will reflect the date the inmate was in actual physical custody as determined by the Court.

(d) Subtract any credit awarded by the Commission.

(e) Determine if the inmate spent any time out of incarceration. Time out of incarceration shall include for example, mandatory conditional release, supersedeas bond, escape, or grant of reprieve or parole. If the inmate was out of incarceration, ascertain the exact number of days out of incarceration and add those days to the date found in paragraph (c), above. This computation will produce the "TIME BEGINS" date.

(f) Determine the total number of months for incarceration and add that time to the "TIME BEGINS" date, as determined in paragraph (e), above. The resulting date will be either the recommended (by a Commission investigator) or the established (by quorum) presumptive parole release date.

(2) Multiple Conviction Commitments:

(a) Examine all the judgment and sentence documents and determine the amount of county jail credit for each conviction. Subtract from the date of each sentence the Court awarded county jail credit for that sentence and use the earliest date computed. Care must be taken in computing this time so that the inmate does not receive duplicate credit nor is the inmate to be denied authorized county jail time credit.

(b) Subtract any credit awarded by the Commission.

(c) Determine if the inmate spent any time out of incarceration. Time out of incarceration shall include, for example, mandatory conditional release, supersedeas bond, escape, or grant of reprieve or parole. If the inmate was out of incarceration, ascertain the exact number of days out of incarceration and add those days to the date found in paragraph (a), above. If the inmate is paroled to a non-parole eligible sentence(s), the time served on those sentences may be considered for the purposes of computing the "TIME BEGINS" date.

(d) Determine the total number of months for incarceration for the multiple conviction commitments and add that time to the "TIME BEGINS" date, as determined in paragraph (b), above. The resulting date will be either the recommended (by a Commission investigator) or the established (by quorum) presumptive parole release date.

(3) Aggregation is intended to serve as a mechanism for uniformly evaluating criminal episodes which occur prior to discharge from incarceration or parole. When an investigator finds at an initial interview that an inmate has more than one criminal episode which occurred prior to his discharge from incarceration or parole, the investigator shall aggregate each applicable criminal episode's present commitment. Inasmuch as all sentences must be considered for parole consideration, when an inmate has expired commitments without intervening periods of discharge from incarceration or parole, including sentences to "time served, " resulting from previous criminal episodes, such expired commitments shall be considered present commitments for purposes of aggregation. In the event the Commission does not revoke parole, such present commitment or commitment on which the inmate was paroled shall not be subject to aggregation.

Fla. Admin. Code Ann. R. 23-21.011

Rulemaking Authority 947.07 FS. Law Implemented 947.002, 947.165 FS.

New 9-10-81, Amended 8-1-83, Formerly 23-21.11, Amended 1-26-93, 8-17-06, 2-3-14, Amended by Florida Register Volume 43, Number 129, July 5, 2017 effective 7/16/2017.

New 9-10-81, Amended 8-1-83, Formerly 23-21.11, Amended 1-26-93, 8-17-06, 2-3-14, 7-16-17.