Frequently Asked Questions
What is Gaintime?
Gaintime is an inmate’s opportunity to earn a reduction (if eligible) in his/her overall sentence imposed by the court.
Gaintime has been in existence in Florida since 1889.
Gaintime is a tool the department uses to encourage satisfactory inmate behavior and motivate program and work participation.
Inmates serving life sentences or certain minimum mandatory sentences are not eligible for Gaintime (during the portion of time these mandatory sentences are in effect).
Awards of Gaintime are made according to statutory authorization pursuant to s.944.275 F.S.
Just as Gaintime can be awarded, it can be withheld or forfeited in accordance with s. 944.275, s. 944.279, s. 944.280, and s.944.281 F.S.
What are the various types of Gaintime?
Basic Gaintime (s. 944.275 F.S.) was eliminated effective January 1, 1994 as part of the Safe Streets Act passed by the 1992-93 Legislature.
Inmates whose offense was committed on or after July 1, 1978 through December 31, 1993 received 10 days of basic Gaintime for each month of sentence imposed. This was awarded in a lump sum upon entering prison.
Sentences for offenses committed before July 1, 1978 are not reduced by “basic” gain time.
Incentive Gaintime (s. 944.275(4)(b) F.S.) is awarded to inmates for institutional adjustment, work and participation in programs.
The awards are made on a monthly basis as earned unless prohibited by law. (These awards are posted by the 15th of the following month.)
The award amount varies in relation to the inmate’s rated performance and adjustment.
Inmates who committed crime(s) on or after January 1, 1994 may earn up to 25 days of incentive Gaintime per month, if the crime falls within levels 1 through 7 of the revised sentencing guidelines.
If the crime was committed after 1983, but before January 1, 1994, the inmate is only eligible for up to 20 days per month of incentive Gaintime, if the crime(s) falls within levels 8-10
For crimes committed on or after October 1, 1995, inmates are required to serve 85% of the sentence imposed. Satisfaction of 85% includes time served in the county jail as credited by the sentencing court.
These inmates are eligible to earn up to 10 days per month incentive Gaintime.
This Gaintime is earned until the tentative release date reaches the date equal to 85% of the sentence imposed. At that point, Gaintime no longer is applied to reduce the sentence.
For example, at a rate of ten days per month you can earn approximately 913 days of gain time while in service of a ten year sentence. However, due to the requirement that at least 85% of the sentence must be served, only 548 days, or 1 and ½ years, could apply to the release date.”
Meritorious Gaintime (s. 944.275(4)(c) F.S.) may be considered for an inmate who commits an outstanding deed.
Maximum award is 60 days.
Examples of outstanding deeds are saving a life or assisting in recapturing an escaped inmate, or in some manner performing an outstanding service.
Educational Achievement Gaintime (s. 944.275(4)(d) F.S.) in the amount of 60 days may be awarded to an inmate who receives a General Education Development (GED) diploma or a certificate for completion of a vocational program.
Inmates whose offense was committed on or after October 1, 1995 are not eligible.
This is a one-time award.
Education Gaintime (s. 944.275(2)(e) F.S.) may be awarded to an inmate who satisfactorily completes the Mandatory Literacy Program.
The institution’s Education Program Manager determines award compliance.
This is a one-time award of six days per commitment.
Prison Releasee Reoffender Punishment Act (s. 775.082(9) F.S.) provides for an inmate to serve 100% of his/her new sentence, with no allowance for Gaintime, if they commit a specified offense within 3 years of their release.
Specified offenses are: treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; arson; kidnapping; aggravated assault with a deadly weapon; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; any felony that involves the use or threat of physical force or violence against an individual; armed burglary; burglary of an occupied structure or dwelling; or any felony violation of s. 800.04, s. 827.03, or s. 827.071;
I have a question about an inmate’s Gaintime. Who should I contact?
Direct questions about a specific inmate’s Gaintime awards to the Classification Officer in the inmate’s assigned facility.
Use our Facility Directory or Facility Profiles to locate addresses, e-mail or other contact information.
I have a question about overcrowding credits, early release, the Gomez case. Who should I contact?
All overcrowding credits as relief under the Gomez decision have been awarded. (www.dc.state.fl.us/ secretary/ press/ gomez-index.html).
An exception is those few who have multiple offenses and incarceration dates that may affect the impact of overcrowding credits.
Review of these cases is done in release date order.
The inmate is notified once the review is completed.
If you need more information on Gaintime, then e-mail us at: firstname.lastname@example.org