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What is the 85% Rule in Florida?

Published in Florida Criminal Justice 3 mins read

The 85% rule in Florida is a sentencing mandate that requires individuals convicted of certain crimes, primarily non-violent felonies, to serve a minimum of 85% of their imposed prison sentence before becoming eligible for release. This rule significantly limits early release opportunities, including those for good behavior or gain time credits.

Understanding the 85% Rule

Enacted as part of Florida's "truth in sentencing" legislation, the 85% rule aims to ensure that offenders serve a substantial portion of their time behind bars, thereby reducing the discrepancy between the sentence handed down by a judge and the actual time served.

  • Core Requirement: For applicable offenses, inmates must complete 85% of their court-ordered sentence.
  • Application: While it is broadly applied, its impact is most pronounced on non-violent offenders, encompassing a wide range of crimes from drug offenses to property crimes.
  • Impact on Release: This rule curtails traditional early release mechanisms, such as parole or discretionary gain time, which historically allowed inmates to reduce their sentences significantly.

Consequences and Impact

The implementation of Florida's 85% rule has several notable consequences that extend beyond individual incarceration periods, affecting the state's correctional system and budget.

  • Longer Incarceration Times: By requiring inmates to serve a larger percentage of their sentences, the rule inevitably keeps people in prison for extended periods. This contributes to higher overall prison populations.
  • Aging Prison Population: As offenders serve longer terms, the average age of the inmate population increases. This demographic shift presents unique challenges for correctional facilities.
  • Increasing Healthcare Costs: An aging prison population requires more extensive and specialized medical care, leading to a substantial increase in healthcare expenditures for the state's correctional system. This financial burden can strain state budgets.
  • Correctional System Strain: The rule contributes to overcrowding in prisons and puts additional pressure on state resources dedicated to incarceration, from staffing to facility maintenance.

Who Does it Affect?

The 85% rule primarily affects:

  • Non-Violent Offenders: These individuals, who might otherwise have been eligible for earlier release through traditional gain time, now face significantly longer stays in prison.
  • Families of Inmates: Extended incarceration periods mean longer separation for families, impacting social ties and rehabilitation prospects.
  • Florida Taxpayers: The financial implications of longer incarceration terms, particularly rising healthcare costs for an aging prison population, are ultimately borne by taxpayers.

Key Aspects of Florida's 85% Rule

To better illustrate the core components of this policy, consider the following table:

Aspect Description
Rule Mandates that inmates serve a minimum of 85% of their imposed sentence.
Applies To Primarily non-violent felony offenders.
Outcome Limits early release opportunities, including those for good behavior or gain time credits.
Consequences Leads to longer incarceration terms, an aging prison population, increased healthcare costs for the state, and greater strain on the correctional system.

Broader Context and Debates

The 85% rule is a cornerstone of Florida's tough-on-crime approach, reflecting a legislative philosophy centered on punitive sentencing and public safety. However, its long-term effects have spurred ongoing debates about criminal justice reform. Advocates for reform often highlight the rule's impact on recidivism, rehabilitation, and the financial burden it places on the state. Discussions frequently revolve around finding a balance between accountability, public safety, and sustainable correctional practices. Legislative efforts sometimes propose modifications to such rules to address these concerns, although they often face hurdles in becoming law.

For more information on Florida's sentencing guidelines, you can refer to resources from the Florida Department of Corrections or analyses from legal policy organizations.