Fla. Admin. Code R. 33-601.105 – Restoration of Forfeited Gain Time

(1) For purposes of this rule, positive overall institutional adjustment means the inmate has adhered to the behavioral objectives referenced in Rules 33-601.101 and 33-601.210, Florida Administrative Code (F.A.C.), and has not received an internal security threat transfer during the review period. The review period for the initial eligibility determination by the classification officer is the preceding 12 months. The review period for the decision of the final approving authority is the entire term of the inmate’s current commitment.
(2) All or any portion of gain time that has been forfeited during an inmate’s current commitment as a result of disciplinary action or revocation of probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release is eligible for restoration only when the restoration will produce the same or greater benefits as those derived from the forfeiture. Only those inmates who have established positive overall institutional adjustment during the review period are eligible for consideration of having their gain time restored. Restoration will only be considered when the inmate is serving the portion of his or her sentence that, but for the forfeiture of gain time, would have been completed.
(3) Eligibility.
1. (a) Restoration of gain time that is forfeited due to disciplinary action may be considered only when the following criteria are satisified:
  1. A minimum of one year has elapsed since the inmate was found guilty of a disciplinary infraction.
  2. The inmate is serving the portion of his or her sentence that, but for the forfeiture of gain time, would have been completed.
  3. The inmate has established positive overall institutional adjustment during the review period.
  4. An inmate will not be eligible for restoration of forfeited gain time if the inmate received a felony conviction for an offense that occurred during the inmates current commitment:
  5. If an inmate is found guilty of one or more of the following disciplinary infractions that occurred during the inmate’s current commitment, he or she shall be eligible for consideration of restoration of the gain time forfeited for those specific disciplinary infractions only upon the approval of the Secretary or Secretary’s designee:

1-1	Assault or battery or attempted assault or battery with a deadly weapon;
1-2	Unarmed assault, where a physical attack was made against Department staff;
1-5	Sexual battery or attemped sexual battery;
1-6	Lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious manner, or intentionally committing any other sexual act in the presence of a staff member, contracted staff member or visitor;
1-7	Aggravated battery or attempted aggravated battery on a correctional officer;
1-8	Aggravated battery or attempted aggravated battery on staff other than correctional officer;
1-9	Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.);
1-10	Aggravated battery or attempted aggravated battery on an inmate;
1-11	Aggravated assault or attempted aggravated assault on a correctional officer;
1-12	Aggravated assault or attempted aggravated assault on staff other than correctional officer;
1-13	Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.);
1-14	Aggravated assault or attempted aggravated assault on an inmate;
1-15	Battery or attempted battery on a correctional officer;
1-16	Battery or attempted battery on staff other than correctional officer;
1-17	Battery or attempted battery on someone other than staff or inmates (vendor, etc.);
1-18	Battery or attempted battery on an inmate;
1-19	Assault or attempted assault on a correctional officer;
1-20	Assault or attempted assault on staff other than correctional officer;
1-21	Assault or attempted assault on someone other than staff or inmates (vendor, etc.);
1-22	Assault or attempted assault on an inmate;
2-1	Participating in riots, strikes, mutinous acts, or disturbances;
2-2	Inciting or attempting to incite riots, strikes, mutinous acts, or disturbances – conveying any inflammatory, riotous or mutinous communication by word of mouth, in writing or by sign, symbol or gesture;
3-1	Possession of or manufacture of weapons, ammunition, or explosives;
3-3	Possession of narcotics, unauthorized drugs and drug paraphernalia;
3-4	Trafficking in drugs or unauthorized beverages;
3-7	Possession of aromatic stimulants or depressants, such as paint thinner, glue, toluene, etc.;
3-14	Unauthorized possession or use of a cellular telephone or any other type of wireless communication device, or any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a communication device prohibited under Section 944.47(1)(a)6, F.S.;
4-1	Escape or attempted escape;
7-6	Arson or attempted arson;
9-22	Robbery or attempted robbery;
9-36	Gang related activities, including recruitment; organizing; display of symbols, groups or group photos; promotion or participation.

6. Once an inmate has gain time restored, a subsequent forfeiture of gain time due to a disciplinary infraction during the inmate’s current commitment will make the inmate ineligible for further restoration.

7. Gain time that is forfeited prior to an inmate receiving an additional commitment for an offense committed while in custody of the Department will not be considered for restoration.

(b) An inmate is eligible for restoration of gain time forfeited due to revocation of probation (offenses committed prior to 1/1/94 only), community control (offenses committed prior to 1/1/94 only), provisional release, supervised community release, conditional medical release (violations prior to 5/30/97 only), control release (violations prior to 5/30/97 only), or conditional release (violations prior to 5/30/97 only) only when the inmate was not convicted of a new felony offense for acts that occurred during the period of release. The following criteria must also be satisfied before an inmate is eligible for restoration:
1. A minimum of one year has elapsed since the date of the revocation of probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release;
2. The inmate has not received any disciplinary infractions since return as a probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violator;
3. The inmate has established a positive overall institutional adjustment since return as a probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violator;
4. The inmate has completed, is participating in, has requested or has been placed on the waiting list(s) for a program where it has been determined that the inmate is in need of the program pursuant to Rule 33-601.210, F.A.C. An inmate’s need for programs, recommendations and priority ranking are determined by the Department’s needs assessment systems and records in the OBIS.
5. Any inmate who receives restoration of gain time forfeited due to a probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violation will not be eligible for restoration of gain time forfeited due to any subsequent probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violation while serving the community supervision portion of the sentence for the same offense;
6. The inmate is serving the portion of his or her sentence that, but for the forfeiture of gain time, would have been completed.
(4) Processing restoration of forfeited gain time.
1. (a) Restoration of gain time will be considered only when an inmate has met the criteria specified in subsections (2) and (3) of this rule.
2. (b) There is no entitlement for consideration based upon an inmate’s request.
3. (c) If an inmate believes that he or she is eligible for restoration of forfeited gain time, the inmate must make a request for restoration on Form DC6-236, Inmate Request, and submit the request to his or her classification officer. Requests submitted to other Department staff will not be processed. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.
4. (d) If an inmate meets the criteria in subsections (2) and (3), the classification officer will forward the request to the institutional classification team (ICT) with a recommendation either for or against restoration. If the inmate does not meet the criteria in subsections (2) and (3), the classification officer shall return the request to the inmate, indicating in writing which criteria is not met.
5. (e) The ICT will consider the request based upon the criteria in subsections (2) and (3) and make a recommendation either for or against restoration to the final approving authority for final action if the inmate meets all eligibility criteria.
6. (f) Unless otherwise stated herein, the final approving authority for a request for restoration of forfeited gain time is the Assistant Deputy Secretary of Institutions or his or her designee. Upon receipt of the recommendation from the ICT, the final approving authority will approve or deny the request based upon the criteria in subsections (2) and (3).
7. (g) The institution as defined in Section 944.02(8), Florida Statutes, where the requesting inmate is assigned will be notified via electronic mail from the Bureau of Classification Management, and classification staff at the institution will notify the inmate via institutional mail of the decision and the basis for the decision.

Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275, 944.28 FS. History–New 11-27-84, Formerly 33-11.15, Amended 10-12-89, 8-29-91, 10-13-93, Formerly 33-11.015, Amended 8-30-01, 4-30-02, 4-10-08, 7-15-09, 12-24-09, 2-16-17, 10-21-21, 9-21-23.