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.
Notes
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.
