NCJ Number
138328
Date Published
1991
Length
18 pages
Annotation
A major trend affecting Florida's correctional system over the past decade is the growing use of mandatory minimum sentences for certain offender types.
Abstract
Sentencing offenders to mandatory minimum terms of imprisonment prevents the use of early release mechanisms and ensures that offenders serve most or all of their court- imposed sentences. Mandatory minimum sentencing options are made possible by legislative initiatives and are executed at the discretion of the local judicial system. Three types of sentences are available to Florida's judiciary constitute mandatory minimum sentences: (1) sentences in which the offender is denied any type of gaintime, early release credits, or control release until the mandatory portion of the sentence has been satisfied; (2) sentences in which gaintime and credits may be awarded during the mandatory period of the sentence but in which the prison release date cannot be set prior to the end of the mandatory period; and (3) sentences in which a prison sentence is mandated by statute for a specified crime but in which gaintime or early release credits are not prohibited. Mandatory minimum sentences can be used for capital offenses, the use of a firearm in the commission of a felony, drug trafficking, habitual felony offenders, the use or possession of semiautomatic firearms and machine guns, violence against criminal justice officers, and taking a firearm from a law enforcement officer. While mandatory sentencing practices serve the agenda of local officials, they have the effect of creating a significant population of long-term prison inmates. In addition, expenditure data indicate that incarcerating mandatory minimum inmates costs substantially more than their nonmandatory counterparts. 7 references, 11 notes, and 4 tables