EFTA00188492

I NOV-27-2007 13:26 P.01/05 417a. PALM BEACH C( o SHERIF % TA 0 e t 6 8 6 .;P.e ;Se' ;1 rreP7 RIC L. BRADSHAW, SHERIFF #1. V q * . . 4`TEs PEG ( ALTERNATIVE CUSTODY IT FAX TRANSMITTAL COVER SHEET FTo: From: Department: CC: 0 Urgent 0 For Review 0 Please Comment 0 Please Reply As per your request, these are the copies of PBSO post orders for the Work Release Program 3228 Own CM) Road • P.O. Borg 24881 • Mai Pakn Batch. Florida 334184881 ‘•a4C• ix.... aen “ EFTA00188492 NOV-2?-200? 13:26 FBI P.02/05 SHERIFF'S OFFICE RIC L. BRADSHAW, SHERIFF Work Release Post Orders I. INTRODUCTION The information included in this packet is to be used as a guide for training in the Work Release Program. It is a list of the basic tasks, functions and procedures for operating the equipment identified. The Field Training Officer will have the trainee read all material as well as the Corrections Operating Procedures that are relevant to this post Additionally, the F.T.O. will explain and demonstrate to the trainee the operation of all equipment, to include tasks and proper procedures. The trainee will then demonstrate their proficiency of the assigned tasks. To ensure maximum training in this area, a total of five (5) days is to be scheduled, A Daily Observation Report will be completed by the F.T.O. and reviewed with the trainee on daily basis. Furthermore, a Post Evaluation shoot will be completed by the F.T.O. at the conclusion of training in this area. All forms will be reviewed and signed off by the shift Lieutenant, Sergeant, F.T.O. and trainee. This information is not all encompassing; therefore, when unlisted situations arise the F.T.O. should demonstrate or explain to the trainee the proper procedure for handling the situation. It is unrealistic to expect that one could possibly prepare for all unusual situations that may occur. To enhance any portion of the training, additional resource material may be utilized providing it tails within the description of the job. PERFORMANCE EVALUATIONS: The performance level of a trainee may be evaluated utilizing on-the-spot testing of their knowledge concerning specific pieces of equipment and/or procedures to be taken during critical incidents. All areas indicated on the Daily and Post evaluation forms must include performance evaluations. The following orders will give the deputy a basic operational knowledge of this post The information contained herein will attempt to cover the normal or routine functions. These orders are neither designed nor intended to cover all situations and are subject to change. These orders are not to be seen or shown to any inmate. The following tasks are completed Monday thru Friday by the Work Release Officer: 1.) Check with Booking Deputy for inmates that were place on hold for breach of contract. 2.) Pick up work release sign out sheet from Booking Desk. 3.) Notify G & H Deputy for any inmate on hold, to be sent to program office. 1- enClea5t 6,en rwIl EFTA00188493 k2U-27-2207 13:27 FB I 03/k5 4.) Deputy will discuss with inmate and determine weather to give a corrective counsel or remove the inmate from The Work Release program; Documentation will be placed in inmate file. 5.) Review request from inmate Records of inmates requesting work release and answer them in writing 6.) Check files from inmate Records of inmates requesting to be placed on work release. 7.) Request Palms, NCIC-FCIC inquiry from Inmate Booking Tech. Work Release Backgrounds Check: The following preliminary procedures will be completed when an inmate request work release. 1.) Review file of inmate requesting work release. The following charges are not eligible: a. Bombs/Deadly Missiles/Throwing deadly missiles causing bodily harm (F.S.S. 790) b. Burglary with Assault or Battery (F.S.S. 810.02(2)(a) c. Child Abuse/Child Neglect (I.S_S.827) d. HomicideNehicular Homicide/Murder (F.S.S. 782) e. Kidnapping/False Imprisonment (F.S.S.787) f. Sexual Battery (F.S.S. 794) g. Any history of violation of federal, state, or local work release or in house arrest/community control programs. h. Arson (F.S.S.806) one (1) guilty during the past fifteen (15) years. i. Drug Trafficking (F.S.S. 893.135) one (1) guilty during the past fifteen- (15) years. j. D.U.I. Manslaughter (F.S.S. 316.193) one (1) guilty during the past fifteen (15) years. k. Escape (F.S.S. 944.40) one (1) guilty during the past fifteen- (15) years. I. Robbery (F.S.S. 812) (1) guilty during the past five (5) years. m. D.W.I. U.B.A. (F.S.S. 316.93) three guilt's within the past fifteen (15) years. n. Prostitution (F.S.S. 796) three guilt's within the past five (5) years. o. Aggravated Battery (F.S.S. 784) two guilt's within the past ten (10) years. p. Domestic Violence (F.S.S. 741.28) one guilty within tote past five (5) years. q. Stalking (F.S.S. 784) one guilty within the past ten (10) years. r. Armed Robbery (F.S.S. 812.13) one guilty in past ten (10) years. s. Aggravated Assault (F.S.S. 784.021) one guilty in past five (5) years. t. An extensive or violent criminal history or facility behavior as determined by the supervisor of the Alternative Custody Section. u. Inmates with active detainees for other agencies are ineligible, except when their sentences are running concurrent/consecutive with local sentences and they are authorized for Work Release by the other jurisdiction. Inmates who are known to belong to, or associate with individuals involved with organized crime, subversive groups that advocate violence, or street gangs are ineligible, as determined by PALMS, criminal history or law enforcement intelligence. 2.) Work Release Deputy will call G & H dorm to send inmate for personal interview and explain what paperwork is needed from inmate. 3.) If preliminary requirements are met, give inmate copy of Program Aguaernent, personal history forms, and emergency form to be completed by inmate and returned. 4.) After NCIC, Criminal History check, Palms check, and Personal history form are received, the Programs Supervisor will review the complete package at this time, and inmate file signifying to continue or suspend process. in Dar EV.trt Rae Pta OPt• CanseJa3 Oct EFTA00188494 NOV-27-2007 13:27 FRI F.04/05 5.) If the Program Supervisor decides, upon review of documents, that the inmate does not meet the criteria of the program, a note will be returned to the effected Deputy, so stating. That Deputy will so notify the effected inmate. Placement on Work Release: 1. If approved the officer will complete the following forms a. Work Release Program Agreement b. Case Files Review Sheet Work Release c. Key Agreement d. Locator Card Contacts e. Equipment Inspection Check Out Sheet (Pro-Tech Equipment) f. Work Release Synopsis g. Work Release Folder Stamp Revised h. Meefcal clearance form for work release inmates i. Booking card j. Court record (Court Orders / Commitments) k. FCICINCIC (Criminal History) I. Employed Verification Letter m. Program entry fees (copy of money order ) n. Employee wage verification o. Drivers License, Vehicle Registration and Auto Insurance card p. Victim notification (if Application ) q. Application r. Monitoring initializing printout /GPS offender report s. Finance sheet t. Inmate photograph (Front and Side Face) Computer generated reading/signed by assigned case deputy ID Card for Inmate w. Blue "T" Card 2 After all form are completed the package will be read and signed by inmate; The Deputy will review orally the contents with inmate to assure the inmate understands the rules and regulations. 3. The signed complete package is then given to Work Release Supervisor or designee, for approval, 4 tf approved, inmate is given his clothes, and personal items from property are signed for by inmate. Witch is placed in the inmate assigned locker, 5. Inmate information is placed on work release sheet, finance sheet, and face sheet is placed in active file, and "T" card changed in Work Release. 6. Inmate is taken to Job and work release rules are explained to his supervisor and a signature obtained. 7. A random monitoring of inmate will be conducted, at the inmate's place of employment, at Deputy and/or supervisors discretion. Global Tracking System (MTD) Miniature Tracking Device 1. Inmate or assigned Equipment a. Monitor b. Bracelet c, Base Unit (place in, Building ) 2. Enrolling inmate into Pro-Tech Ca: &tett', Ramos v. O. CrOlPid EFTA00188495 NOV-27-2007 13:27 Flfl P.05/05 a. demographic screen b. Personal Information c. Education d. Employment e. Sentencing f. Picture g. Rules h. Hardware ( Add Monitor, Bracelet and Base Unit) Removal of inmate for violation of rules: When it becomes necessary to remove an inmate from work release, the following procedures will be followed. 1. Remove name from work release log. 2. Remove from Inmate locator file folder. 3. Remove active file and place in completed files. 4. Give inmate change of trustee clothes. 5. Notify Classification and G & H Deputy of inmate removal from program. 6. Work Release Deputy will remove inmate property from locker and return it back to property. 7. Remove inmate from work release Job assignment. 8. Type a report stating the reason why inmate was removing from program. The original to be filed in inmate file, a copy given to unit supervisor Escape: (Signal 6): The following procedures will be followed if an inmate fails to return to the Stockade within the schedule time. 'I. BOLO Issue (Commo) 2. Place inmate in PALMS (intake Booking Main Jail) 3. Remove name from work release list. 4. Notify G & H Deputy of inmate removal from program. 5. Clear inmate Work Release locker. 6. Remove inmate from work release Job assignment. 7. Type a report the original to be filed in inmate file, a copy given to unit supervisor. 8. Signal 6 Filling Packet with state Attorney Office. Completion of Work Release Program: The following procedures will be followed when an inmate is time served from this program. 1. Get inmates name from Classification officer 2. Remove name from original work release list 3. Pull file and locator card from card box. JIGS e.MB r lam IOC 0 V r rl ;4 el CT: P.25 EFTA00188496 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 1 of 5 nly II Putopt Saler, —;(1O1O(O;11j 'LIA-VI/4W TAtIUJit.4 TATISTICS 11BLICATIONS Agency Strategic Plan top I previous 124 of 26 I next 1998 - 2003 Appendix 5: Statutory Authorities and Bibliography The following Florida Statutes, Administrative Regulations, Rules and Contracts govern operations of the Florida Department of Corrections: FLORIDA STATUTES 20.315 Created a Department of Corrections 110.105 Employment Policy of the State 110.205 Career Service Exemptions - Exempt position 186.022 State Agency Functional Plans: Consistency with State Comprehensive Plan 187.201 State Comprehensive Plan 229.565(3) Educational Evaluation Procedure Education Evaluation 252 Emergency Management 253.025 Acquisition of State Lands 273.02 Record and Inventory of Certain Property 284.50 Loss Prevention Program; Safety Coordinators; Interagency Advisory Council on Loss Prevention; Employee Recognition Program 364.510 Distance Learning Network 397.305 Provide Substance Abuse Treatment 403 Environmental Control 440.56 Safety Rules and Provisions; Penalty 442 Occupational Health and Safety 447.203 (2) Definitions of "Public Employees" 633.085 Inspections of State Buildings and Premises: Tests of Fire Safety Equipment; Building Plans to be Approved 775.084 Violent Career criminals 775.089 Court Order to Collect and Dispense Restitution 784.07 Assaults by Prisoners 874.03 Criminal Street Gang member 794.011 Sexual Battery http://dc.suitc. us/pub/asp/19982003/app5.htm I 9/21/2007 EFTA00188497 of 5 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 2 921 Sentence 943.03 Department of Law Enforcement 944.012 Legislative Intent 944.012(5) Authority to Coordinate with Various Agencies 944.023 Comprehensive Correctional Master Plan 944.26 Community-Based Facilities and Programs 944.33 Community Correctional Centers 944.053 Public Works Projects 944.08 Commitment to Custody of Department: Venue of Institutions 944.09 Rules of the Department: Offenders, Probationers and Parolees 944.10 Department of Corrections to Provide Buildings 944.105 Contractual Arrangements with Private Entities for Operation and Maintenance of Correctional Facilities and Supervision of Inmates 944.11 Department to adopt Rules as to Admission of Books 944.1905 Initial Inmate Classification: Inmate Reclassification 944.291 Prisoner released by reason of gain-time allowances or attainment of provisional release date 944.704 Transition Programs 944.705 Release Orientation Program 944.707 Post Release Support Services 944.801 Education for State Prisoners 945.04 Maximize Use of Inmate Labor 945.091 Extension of the Limits of Confinement: Restitution by Employed Inmates 945.092 Limits on Work Release 945.12 Transfers for Rehabilitative Treatment 945.41 Legislative Intent of Section 945.40945.49 Corrections Mental Health Act 945.49 Operation and Administration 945.71-73 Boot Camps - Training 946 Inmate Labor and Correctional Work Programs 947.146 Control Release Authority 948 Probation and Community Control 948.01 When Court May Place Defendant on Probation or into Community Control 948.03 Terms and Conditions of Probation or Community Control 948.50 Community Corrections Partnership Act 949.07 Compacts with Other States 949.09 Short Title: Section 949.07-949.08 Uniform Law for Out-of-State Probation and Parole Supervision 9/21/2007 http://dc.state.ifus/pub/asp/19982003/app5.html EFTA00188498 s Page 3 of 5 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Correction 957.03 Correctional Privatization Commission 957.04 Contract Requirements 957.07 Cost Saving Requirements 958.04 Judicial Disposition of Youthful Offenders DEPARTMENT OF CORRECTIONS ADMINISTRATIVE RULES 33-1 Definitions, Responsibilities, Organization and Public Information 33-2 Inspections and Investigations 33-3 Operation of Institutions 33-4 Personnel 33-5 Visitors 33-6 Reception, Classification, Transfer and Records 33-7 Local Transfer, Temporary Release and Discharge Procedures 33-8 County and Municipal Detention Facilities 33-9 Extension of the Limits of Confinement 33-11 Modification of Sentences 33-12 Notice of Proceedings and Proposed Rules 33-14 Procedures for Contracting for Professional Services 33-15 News Media Access Following Issuance of Death Warrants 33-19 Health Services 33-20 Miscellaneous Provisions 33-21 Interstate Cooperation 33-22 Inmate Discipline 33-23 Corrections Mental Health Facilities 33-24 Probation and Parole Services 33-25 Staff Development 33-26 Staff Housing 33-27 Basic Training Program for Youthful Offenders 33-29 Inmate Grievance Procedure 33-30 Food Services 33.31 Utilization of Minority Business Enterprises 33-32 Construction and Operation of Private Correctional Facilities 33-35 Community Corrections Partnership 33-36 Indexing of Final Agency Orders 33-37 Substance Abuse Programs DEPARTMENT OF CORRECTIONS POLICY AND PROCEDURES 9/21/2007 http://de.state.fl.us/pub/asp/19982003/app5.html EFTA00188499 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 4 of 5 DIRECTIVES 1.01.02 Inter and Intra Governmental Cooperation 2.02.34 Industrial/Fire Safety, Loss, Control and Prevention 3.01.01 The Processing of Inmates' Impounded Personal Property 2.01.01 Inmate Personal Property 3.04.07 Contraband 3.04.11 Inmate Package Permits 4.07.32 Probation and Restitution Centers CONTRACTS Department of Corrections/Department of Labor Employment Security Contractual Agreement for Services, 1985 for Services Under Item 316 of the 1981-89 State of Florida Appropriations Act. OTHER AGENCY ADMINISTRATIVE RULES DER Rules 17-2 and 17-712 FAC Biohazardous Waste Disposal DHRS Rule 10D-104 FAC OTHER SOURCES REFERRED TO IN THE STRATEGIC PLAN Americans with Disabilities Act Criminal Justice Estimating Conference (CJEC) Reports Department of Community Affairs Directives Department of Corrections Annual Report 1996-97 Department of Corrections Strategic Information Systems Plan 1990 (Anderson Report) Department of Corrections Environmental Health Services Manual July 1980 Governor's Commission For Government By The People December 1991 Health Services Bulletin 15.13.01 Health Services Bulletin 15.03.13 Health Services Bulletin 15.03.05 Health Services Bulletin 15.03.24 National Council on Crime & Delinquency: Evaluation of the Florida Community Control Program 1987 National Probation and Parole Association and The President's Commission on Law Enforcement and the Administration of Justice Parole & Probation Staff Safety Task Force Report Personnel Procedures Manual, Vol. 3, Chapters 3 & 5 State of Florida, Department of Corrections Strategic Information Systems Plan State Strategic Plan for Information Resource Management: Fiscal Years 1995-1999 BIBLIOGRAPHY 1. Annual Report 1996-1997, Florida Department of Corrections. 2. "Community Work Squads Earnings and Value Added/Cost Savings Report," Dated June 30, 1997, Program Services, Department of http://dc.state.fl.us/pub/asp/19982003/app5.html 9/21/2007 EFTA00188500 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 5 of 5 Corrections. 3. Correctional Education School; Authority Annual Report FY 1993-94 and Paradox Special Education Database, Department of Corrections. 4. Correctional Education School Authority, Based On Pre and Post Testing Sample Taken During the Period of July - December 1994. 5. Correctional Education Status Report, July 1, 1994 - June 1, 1995. 6. Corrections Yearbook 1994, Criminal Justice Institute, Inc., New York. 7. Department of Corrections Affirmative Action Plan, FY 1994-95. 8. Evelyn God Career Criminal Act, Chapter 98-152, Laws of Florida. 9. Florida Administrative Code, Section 33-25. 10. "Florida's Community Supervision Population Trends," Bureau of Research and Data Analysis, Department of Corrections, 1997. 11. Governors Sterling Award Application Manual. 12. Governors Sterling Award Manual, 1994 13. Inmate Escape Report, FY 1996-1997, Bureau of Research and Data Analysis, Department of Corrections. 14. "Minority Business Enterprise Program Final Report, FY 1993-94," Pinky Douglas-Moore, Bureau of General Services, Department of Corrections. 15. Recidivism Rates of Inmates Released from Florida's Prisons, June 30, 1997, Department of Corrections. 16. State Strategic Plan for Information Resource Management: FY 1995- 99, Information Resource Commission, State of Florida, January 1994. 17. "Strategic Planning at the Florida Department of Corrections: An Assessment Four Years into the Program," C. James Juang & Frances S. Berry, PhD, The Florida State University, July 1995. 18. "Tier Program Outcome Evaluation: A Recommitment Study," Bureau of Planning, Research and Statistics, Department of Corrections. 19. USA and Florida Department of Corrections Agreement, 5/19/92. Agency Strategic Plan top I previous I 24 of 26 I next 1998 - 2003 Home I Highlights I Reports I Facilities I Offender Search I FAQs I Search I Contact PrivAcy Policy htm://dc.state.fl.us/pub/asp/19982003/app5.html 9/21/2007 EFTA00188501 RULES OF THE DEPARTMENT OF CORRECTIONS CHAPTER 33-603 SENTENCE STRUCTURE AND TRANSPORTATION 33-603.101 Use of Committed Name. received by the inmate except as provided in (12-12-06) (3) below. 33-603.201 Transfer of Inmates. (8-28-01) (b) The department shall register 33-603.401 Gain Time - Definitions. (4- any known aliases on the inmate's record and 21-96) shall also designate on the record which name 33-603.402 Basic Gain Time. (3-24-96) is the inmate's true or legal name if this 33-603.409 Cancellation of Administrative information is available. If an inmate's true Gain Time and Provisional or legal name is not the committed name, the Credits. (4-17-94) inmate shall be permitted to use the true or 33-603.410 Credit for Time Served legal name on documents and mall so long as Following Apprehension in the committed name and DC number appear Another Jurisdiction. first, followed by the true or legal name. (3.30-96) (c) Legal Religious Names. 33-603.411 Warrants for Retaking 1. Upon request of an inmate to Offenders. (1-06-94) include a legal religious name to the inmate 33.603.412 Actual Release Date. identification card, the warden or facility (2-26-80) head shall forward the request and supporting documentation to the Office of the General 33-601.101 Use of Committed Name. Counsel for verification that the inmate's (1)(a) In order to avoid conflicts in name has been legally changed for religious mailing and visiting privileges, as well as reasons through court order, birth to assist inmates in making bank and canteen certificate or other legally acceptable transactions and ensure timely delivery of documentation. When verification is legal documents, and to provide staff with a complete, the office of the General Counsel consistent means of inmate identification for shall notify the warden or facility head in security and daily institutional operation writing. purposes, each inmate shall be recognized by 2. The institution or facility the department under the name on the initial shall affix a label to the reverse side of commitment under which the inmate was the inmate identification card which bears received. The committed name shall be the following: obtained from the information or indictment This is to certify that the legal page of the commitment package, not from the religious name of inmate DCM is uniform commitment to custody cover sheet. (INSERT LEGAL RELIGIOUS NAME) For multiple cases imposed on separate dates, the committed name is the name on the information page of the commitment of the (Signature) warden or Facility Head, Name earliest imposed case. For multiple cases of Facility imposed on the same date, commitments are 3. A legal religious name change arranged according to service the of does not require that the department alter sentences or sequential order as directed by official records; the inmate's committed name the sentencing court and the committed name shall be used for all department business. is the name on the information page of the (d) Nothing in this rule prohibits first imposed case as so designated. For issuance of an educational or vocational multiple cages imposed on the same date where certificate in the inmate's true or legal the order of sentencing cannot be determined, name providing that the office issuing such the cases are arranged numerically and the certificate provides a photocopy of the committed name is the name on the information certificate to be placed in the inmate's page of the commitment with the lowest case institutional file and such copy also number. This name shall be the inmate's reflects the inmate's committed name and official identification throughout the identification number. continuous incarceration of the inmate on (2) Incoming and outgoing mail that sentence or combined sentences and must shall be processed in accordance with rule be included on any official document sent or 33-210.101 and 33-210.102. 603-1 EFTA00188502 CHAPTER 33-603 SENTENCE STRUCTURE AND TANSPORTATION (3) An inmate who has litigation movement of inmates from one institutional pending which was filed under a name other facility to "Transfer, does not another. than the official name shall be responsible include such movement as may be required for for notifying the institution or facility the normal operations of the Department such mailroom in writing of the name under which as outside trips sponsored by religious, litigation is pending. Incoming legal mail Jaycee and Alcoholics Anonymous grouse and addressed to an inmate under a name other tripe by work and maintenance crews. The than the official committed name shall be institutional inmate record and all sub-files forwarded to the inmate if the inmate has must accompany any inmate being routinely notified the mailroom of pending legal transferred between department facilities, actions under this name. If there is no except in emergency situations. In emergency record of ouch notification by the inmate, situations medical records will be the mailroom shall request that the transferred with the inmate except that in appropriate institutional office check the emergencies such as the evacuation of a offender information system for facility, the medical records will be boxed identification of the addressee. If such together with all records going to one effort fails to reveal proper identification, location and forwarded to the receiving the mail shell be returned to the sender with institution(s) with the inmates or as soon as appropriate notations that the addressee possible. In such emergencies, individual could not be identified. packaging of medical records is waived. The (4) An inmate who desires to have institutional inmate record shall also a document or documents notarized under a accompany the inmate unless the inmate's name other than the official committed name health and welfare would be jeopardized if shall advise the notarizing officer in the transfer were delayed for the amount of writing at least three working days prior to time required to obtain the record. Local requesting such notarization. The notice procedures shall be established to ensure shall specify the name under which the inmate that appropriate facility staff have access plans to sign. The notary shall review the to the institutional inmate record during inmate's record to confirm that the name is a weekends, holidays, and after normal business true or legal name or a known alias. If hours. Such procedures shall ensure that the there is no record of the name in the security of the record is not compromised and institutional file, or the inmate cannot that accountability for the record is provide identification or documentation that maintained in the event that access is the name is either his or her true or legal required other than during normal working name, or that there is a legal action pending hours. Following an emergency transfer, all involving the inmate under such name, the other sub-files, such as the visiting record, officer shall not notarize the signature. educational record, property record, etc., Following production of such identification shall be forwarded by the sending facility or documentation, the notary shall notarize within 72 hours following the transfer. the document and indicate the manner by which (2) In to ensure the inmate was identified. If the inmate has coordination in the operation of the transfer obtained a legal religious name change and system, ensure the safety of the public, wishes to have documents notarized under this employees and inmates and to maintain proper name, the legal religious name affixed to an security practices, a qualified officer must inmate identification card shall be be in charge of each transfer. This rule sufficient for purposes of provision of shall also apply to work release centers notary services unless there is a reason to except when inmate drivers are involved. believe that the information has been forged (3) All Department employees or altered. transferring inmates shall be certified as Specific Authority 944.09 FS. Law Correctional Officers. Transfer officers Implemented 944.09 PS. History--New 9-30-93, must also comply with the specific Formerly 33.6.012. Amended 4.29-02, 5-20-03, requirements outlined in Chapter 316, Florida 7-7.05, 12-12-06. Statutes. (4) The transfer officer shall be' 33-603.201 Transfer of Inmates. responsible for maintaining schedules (1) For the purposes of this rule approved by the Bureau of Sentence Structure "traneferm shall mean the reassignment and and Transportation, supervising and 603-2 EFTA00188503 CHAPTER 33-603 SENTENCE STRUCTURE AND TANSPORTATION instructing additional personnel assigned, following shall be required: guarding inmates, maintaining order and (a) The inmate shall be restrained discipline and ensuring the secure and safe with handcuffs, waist chains with a C and 5 custody of inmates being transferred. handcuff cover (black box), and leg irons and transferred in a secure caged vehicle. The (S) The transfer vehicle must be maintained in accordance with the guidelines driver shall be unarmed in order to handle set forth in Chapter 316, Florida Statutes, inmates en route if necessary. and be properly fueled, serviced and (b) ' The transfer vehicle shall be determined to be mechanically safe to accompanied by a trailing escort vehicle transfer inmates. The vehicle shall be driven by a well-armed officer. "Well-armed" equipped with radio communication. shall mean possession of a semiautomatic (6) The vehicle shall be rifle or shotgun. thoroughly searched and all security features (c) If several inmates are being inspected prior to boarding any inmates. transferred, the transfer vehicle shall have Continuing checks shall be made periodically a second armed officer in attendance. by the transfer officer while en route. (d) Communication between the two Vehicle inspection shall be conducted during vehicles is essential and is required between the time the transfer vehicle is stopped both vehicles and the home station. prior to departing on or continuing a trip. (e) The Chief of Security or shift The transfer officer shall supervisor is authorized to make individual (7) ensure that the transfer orders, commitment exceptions to the assignment of a trailing papers or other documents authorizing escort vehicle for close management III and transfers are in order prior to the boarding disciplinary confinement inmates. of inmates. Each inmate must be properly (f) The reception centers shall be identified by the transfer officer prior to authorized to transport close management I, assuming or relinquishing supervision and II, and III inmates in the secure caged area control of the inmate. The transfer officer within a specially designed secure transfer shall verify the identity of law enforcement bus without the necessity of a trailing agencies and their representatives prior to escort vehicle. releasing an inmate into their custody. (g) Protective management inmates shall not be routinely transported on (8) The transfer officer shall ensure that all inmates are searched prior to reception center transfer buses. Searches (h) Specific written instructions boarding the transfer vehicle. shall be conducted by or under the direct will be provided from the transportation supervision of the transfer officer when section of the Bureau of Sentence Structure assistance is obtained from the institution. and Transportation. The Chief Health officer may (11) The transfer officer shall (9) specify that an inmate who is mentally or conduct a head count of inmates prior to departure and maintain continuing checks physically ill be transferred separately from while en route and upon arrival at the the general population inmates. In addition, if there is any indication that an inmate who receiving institution. (12) If more than one officer is is to be transferred is not in good physical assigned to the transfer trip, at least one or mental condition, the transfer officer shall secure the advice of the institution officer shall remain with the vehicle to physician before beginning the trip. Transfer provide supervision during stops. When there of an inmate who is ill or injured shall be is only one officer, the vehicle must be undertaken based on the advice of the Chief parked in such a way that supervision can be Health Officer on duty. The Chief Health provided for the vehicle and all inmates Officer shall determine if medical staff aro departing the vehicle. If stops occur within to accompany the inmate while being the secure confines of an institution and transferred. If he does decide that medical inmates remain on board the vehicle, the vehicle shall be parked so that the staff need to accompany the inmate, he must institution can provide proper supervision assign this staff. (10) In transferring any death row, before the transfer officer leaves the close management, or disciplinary confinement vehicle. (13) Manpower requirements shall inmate, or any inmate determined by the Chief of Security to be a high-rink inmate, the vary depending upon the mode of transfer, the 603 3 EFTA00188504 CHAPTER 33-603 SENTENCE STRUCTURE AND TANSPORTATION distance to be traveled and the typo and leaving the secure perimeter. The restraints number of inmates. Each situation must be shall not be removed until the inmate is thoroughly evaluated by Chief of Security or returned to a secure perimeter unless shift supervisor prior to departure and circumstances require their removal, that is, appropriate personnel assigned. A minimum of federal appearances or medical visits. one armed correctional officer shall be (c) Use of restraint equipment, assigned when there are close custody inmates except for death row inmates, will not be to transfer except when special approval is required at Reception Centers for any received from the Director of Institutions. transport on state property provided that a At all times, there must be at least one specially designed secure transfer bus is officer of the same sex as that of the inmate used: i.e., from a Reception Center Main Unit present during the transferring of medium, to a Reception Center annex that is not close, or maximum custody inmates. There separated by property not belonging to the shall be no gender restrictions regarding the Department of Corrections. transfer of community or minimum custody (d) During any transport, the inmates. Community or minimum custody inmates level of restraints applied will be do not require restraints unless they are commensurate with the highest custody grade being transferred with close custody inmates being transported. or pose a security risk; however, there shall (e) During prenatal and postpartum be an adequate number of officer escorts to periods, female inmates will not be provide appropriate supervision. restrained with their hands behind the beck (14) Standard restraint equipment nor will leg irons be utilized due to the for the normal situation will be handcuffs possibility of a fall. Waist chains with the and a restraint chain. Except as C&S handcuff cover (black box) will not be specifically outlined below, additional worn when there is any danger of causing harm restraints, such as waist chains with a C and to the inmate or fetus. $ handcuff cover (black box) and leg irons, (f) Female inmates, when being shall be necessary when transferring death transferred the same vehicle as male on row and close custody inmates, inmates who inmates, shall be physically separated from are extreme escape risks, inmates with the male inmates by security screens and serious assaultive tendencies, or any inmate other security measures. determined by the Chief of Security to be a (g) All restraint equipment shall high security risk. Being legally be double locked. responsible for the custody of inmates, the (h) An inmate shall not be transfer officer in charge has the authority handcuffed behind his or her back or to apply restraints to community custody handcuffed to a stationary object in a moving inmates and additional restraints to medium vehicle. or minimum custody inmates when he or she (i) A reasonable number of stops determines that such is necessary to ensure shall be made in order for inmates to utilize security. toilet facilities. Proper security shall be (a) When inmates are transferred provided inmates when utilizing toilet within the state from one secure perimeter to facilities on or off the transfer vehicle. another secure perimeter and a specially (15) An Electronic Restraint Belt designed secure transfer bus is used, inmates may be used in cases involving high profile may be restrained with leg irons only. Death transports outside the secure perimeter of an row, close management, and high-risk inmates institution where in the judgment of the will require restraints as noted in (10) security staff the use of the belt is above during any transport. warranted. Prior to usage of the Electronic (b) Each medium custody inmate who Restraint Belt, written, signed approval must is not being transferred from one secure be obtained from the Office of Institutions, perimeter to another secure perimeter in a Bureau Chief of Security Operations. specially designed secure transfer bus shall (16) Because the carrying of be restrained with a minimum of handcuffs. firearms in the transferring of inmates is Close custody inmates will require a waist extremely hazardous, in those instances where chain with a C and S handcuff cover (black it is advisable for firearms to be carried, box) and leg irons under these circumstances. such equipment must be kept in a secure place The restraints shall be applied prior to or on the person of an officer who will not 603-4 EFTA00188505 CHAPTER 33-603 SENTENCE STRUCTURE AND TANSPORTATION come in direct contact with an inmate during shall meet the minimum standards of a the entire trip. Firearms shall not be correctional or law enforcement officer in accordance with Chapter 943.13, Florida carried by any of the escorting officers Statutes. Personnel who are based outside while in a car, plane or train unless the inmate is securely restrained and positive Florida shall meet the minimum standards of a correctional officer or law enforcement precautionary measures have been taken that will preclude contact between inmates and the officer in the state where the employee is armed officer. Use of firearms shall be in based. 4. Transfer officers who are accordance with Rule 33-602.210, F.A.C. based in Florida shall comply with the (17) If an inmate escapes while specific requirements contained in Chapter being transferred, the transfer officer shall exhaust all resources immediately available 316, Florida Statutes. Transfer officers who to him in apprehending the inmate and then are based outside of Florida shall comply take immediate action to contact the nearest with the legal driving requirements of the law enforcement agency. As soon as possible, state in which they are based. transfer officer shall notify his S. Each transfer vehicle operated the supervisor of the escape and give an oral by the transport company must be maintained When the local law in a condition meeting the specific report of the incident. requires requirements of Chapter 316, Florida enforcement agency no longer shall Statutes, and be mechanically safe to assistance, the transfer officer Under no transfer inmates. Transfer vehicles used continue with his duties. outside the State of Florida must be circumstances shell supervision of other to pursue an maintained in a condition meeting the inmates be relaxed in order escaping inmate. specific requirements of that state. Transfer by Commercial 6. The transport company shall (18) Airlines. Transfers via airlines shall be adhere to standards which provide for humans coordinated by the Bureau of Sentence treatment of inmates while in the custody of Structure and Transportation. The Bureau of that company. 7. The transport company shall Sentence Structure and Transportation shall maintain liaison with the airlines and submit reports to the Department regarding formulate standard operating procedures in incidents of escape, use of force, abuse, and accordance with Federal Aviation Agency and accidents involving inmates in the custody of airline regulations. the transport company within 24 hours of the Private Transport Companies. incident. Failure to report incidents, (19) falsification of reports, coercing or The Department is authorized to contract with private transport companies for the transfer attempting to coerce others not to report or of prisoners both within and beyond the to falsify reports may result in appropriate limits of this state. criminal penalties and cancellation of the (a) The transport company shall contract. take the prisoner into custody for the 8. The transport company shall purpose of transferring the prisoner to the hold a Class 'IP licence pursuant to Chapter proper law enforcement official within or 493, Florida Statutes, and any employee of beyond the limits of this state. the company shall hold a Class *Jr and Class (la) The Department shall include, "0" license pursuant to Chapter 493, Florida but not be limited to, the following Statutes. 9. Correctional administrators requirements in any contract with a private will refuse release death row, close to transport company: 1. Any private transport company custody, or other high-risk inmates to a transferring an inmate shall be considered an private transport company or other law independent contractor and shall be solely enforcement agencies that do not have an liable for the inmate while he is in the armed officer assigned or who do not provide a secure vehicle for transport. In these custody of that company. 2. The transport company shall situations, the institution will: maintain adequate liability coverage with a. Refuse to release the inmate and advise the transport company or law respect to the transferring of inmates. 3. Personnel employed with the enforcement officer to stand by. transport company who are based in Florida 603-S EFTA00188506 CHAPTER 33-603 SENTENCE STRUCTURE AND TANSPORTATION b. Contact the Population committed on or after October 1, 1995 shall Management section of the Bureau of Sentence be eligible to receive up to 10 days of Structure and Transportation during normal incentive gain time per month, except as working hours. provided in 33-601.101(1). c. On weekends, holidays, or (d) Inmates sentenced as violent after normal working hours, contact the career criminals for offenses committed on or Emergency Action Center which will notify after October 1, 1995 shall be eligible to appropriate central office staff. receive up to 5 days of incentive gain time d. Population management staff per month, except as provided in 33- will contact the on duty supervisor for the 601.101(1). private transport agency or law enforcement (3) enhanced Incentive Gain Time-- agency involved and advise him or her of the Gain time that is considered on a monthly specific concern. This will be documented basis for all inmates who are eligible and and the results of this contact relayed to have worked diligently, participated in the involved institutional staff providing training, used time constructively or specific directions regarding release. otherwise engaged in positive activities. Specific Authority 944.09 FS. Law Inmates convicted of offenses occurring on or Implemented 944.09 PS. History--New 7-12-86, after January 1. 1994 which fall within level Amended 5-21.92, 1-06-94, 2-12-97, 11-8-98, 1 through 7 of the sentencing guidelines Formerly 33-7.009, Amended 8-28-01. offense severity chart (921.0012 F.S.) are eligible to receive up to 25 days of enhanced 33-603.401 Gain Time incentive gain time per month, pursuant to Definitions. 33-601.101(3), except as provided in 33- (1) Basic Gain Time.-deductions 601.101(1). from sentence determined by length of (4) Meritorious Gain Time--Any sentence and awarded in a lump sum upon inmate who performs an outstanding deed, such commitment to the department. as saving a lite or assisting in recapturing (a) An inmate whose offense an escaped inmate, or who in some manner occurred prior to July 1, 1978, will have performs an outstanding service that would basic gain time deducted in accordance with merit the granting of additional deductions s. 944.27 P.S. (1977). from his sentence length, may be awarded (b) An inmate whose offense meritorious gain time. occurred on or after July 1, 1978, and if (5) Performance Ratings for eligible by law, will have basic gain time Incentive Gain Time. The following ratings deducted in accordance with s. 944.275, P.S. are based on behavioral objectives as sot (1983). forth in rule 33-601.101(3)(a)l. and 2. (2) Incentive Gain Time--Gain time (a) "Unsatisfactory* --The inmate that is considered on a monthly basis for all failed to moat a behavioral objective during inmates who are eligible and have worked the month. diligently, participated in training, used (b) •Satisfactory--The inmate met time constructively or otherwise engaged in all behavioral objectives during the month. positive activities. (c) •Above Satisfactory"--The (a) Inmates convicted of offenses inmate met all behavioral objectives during occurring prior to January 1, 1994 shall be the month and exceeded what is required to eligible to receive up to 20 days of comply with one or more of the behavioral incentive gain time per month, pursuant to objectives. 33-601.101(3), except as provided in 33- Specific Authority 944.09, 944.275 PS. Law 601.101(1). Implemented 944.09, 944.275 PS. History--New (b) Inmates convicted of offenses 2-26-80, Amended 1-12-83, 1-31-85, Formerly occurring on or after January 1, 1994 which 33-11.035, Amended 4-17-94, 1-4-95, 3-24-96, fall within level from B through 10 of the 4-21-96, Formerly 33-11.0035. sentencing guidelines offense severity chart (921.0012 N.S.) shall be eligible to receive 33-603.402 Mamie Gain Time. The up to 20 days of incentive gain time per Department of Corrections will award month, pursuant to 33-601.101(3), except as deductions from a sentence in the form of provided in 33-601.101(1). basic gain time to encourage satisfactory (c) Inmates convicted of offenses inmate behavior. 603-6 EFTA00188507 CHAPTER 33-603 SENTENCE STRDCTORS AND TANSPORTATION (1) Ineligibility. law enforcement duties in those instances (a) No inmate shall be eligible to where the offense was committed prior to receive or accumulate basic gain time: January 1, 1994. 1. For the mandatory minimum (c) An inmate shall not be portion of a sentence imposed pursuant to s. eligible for basic gain time in an amount 775.087(2), P.S. for an offense committed on which would cause a sentence to expire prior or after October 1. 1976 involving use or to such inmate having served the period of possession of a firearm, machine gun, or time for which the court has retained destructive device as defined in s. 775.087, jurisdiction pursuant to a. 947.16(4) P.S. P.S.; (2) Eligibility. Except for 2. For the minimum portion of a sentences of 11fo or death, or sentences sentence imposed pursuant to e. 893.13(1)(e), imposed for offenses committed on or after P.S. (1989) for a specified drug-related January 1, 1994, basic gain time credit will offense committed on or after June 27, 1989 be awarded to all other cases unless but prior to January 1, 1994, in, on, or specifically prohibited by applicable law. within 1,000 feet of a school; (3) How credited. Basic gain time 3. If sentenced as a habitual shall be calculated at the rate specified by felony offender or a habitual violent felony law according to the date of offense and offender under s. 775.084 (4). F.S. for an shall be based on the length of the sentence offense which occurred on or after October 1, imposed. A portion of a month will be 1980; or prorated on the of a 30-day month. basis 4. if sentenced under s. Portions of any sentences to be served 893.13(1)(1) 1, P.S. (1991) for a specified concurrently shall be treated as a single drug-related offense committed prior to sentence when determining basic gain time. January 1, 1994 in, on, or within 200 feet of (a) For offenses committed prior real properties described in S. 893.13, P.S.; to July 1, 1978, basic gain time shall be 5. If serving a sentence with no awarded in the amount of 5 days per month for definite term; that is, a life sentence or the first and second yearn of the sentence, death sentence. 10 days per month for the third and fourth 6. For the period of time years of the sentence and 15 days per month remaining in any treatment program placement for all succeeding years of the sentence, term imposed under e. 953.11 F.S. pursuant to 5 944.27 (1977), P.S. 7. If sentenced for any degree of (17) For offenses committed on or sexual battery specified under s. 794.011 PS after July 1, 1978, but before January 1, for a crime committed on or after October 1, 1994, basic gain time shall be awarded in the 1992; amount of 10 days for each month of the 8. If serving a sentence for a sentence imposed, pursuant to s. 944.275, crime committed on or after January 1, 1994. P.S. (b) An inmate shall not be (c) In order to establish an eligible for basic gain time in an amount initial tentative release date, basic gain which would cause a sentence to expire prior time awards are made in a lump sum upon entry to such inmate having served the minimum or into the department's custody. For inmates mandatory minimum portion of a sentence serving a sentence with a minimum term as imposed pursuant to: described in subparagraph (1)(a) 1. and 2., 1. S. 775.0823, F.S. for the lump sum award of basic gain time is specified crimes committed prior to January limited to that portion of the sentence or 1, 1994 against a law enforcement or sentences which exceeds the minimum term. correctional officer or other officer defined Specific Authority 794.011(7), 944.09, in s. 943.10 (1), (2), (3), (6), (7), (8), or 944.275 FS. Law Implemented 794.011(7), (9), or any state attorney, or assistant 944.09, 944.275 PS. History -- New 2-26-80, state attorney on or after January 1, 1990, Formerly 33-11.045, Amended 1-12-83, 1-31-85, or against a judge or justice of a court 4-28-87, 12-18-88, 10-14-91, 3-23.93, 4-17- described in Article I of the State 94, 3-24-96, Formerly 33-11.0045. Constitution on or after October 1, 1990; 2. S. 775.0875(1) P.S. for taking 33-603.409 Cancellation of a firearm from a law enforcement officer Administrative Gain Time and Provisional while such officer was lawfully engaged in credits. Effective June 17, 1993, any inmate 603-7 EFTA00188508 CHAPTER 33-603 SENTENCE STRUCTURE AND TANSPORTATION serving a sentence or combined sentences where 3-30-95, Formerly 33-3.0106. one or more days of administrative gain time 33-603.411 Warrants for Retaking or provisional credits have been applied, shall have all such awards cancelled, and Offenders. release dates of such offenders shall be (1) When an offender escapes from custody or absconds from a rehabilitative extended accordingly. Other conditions under community reentry program prior to which previously awarded administrative gain satisfaction of the sentence or combined time or provisional credits shall be cancelled when a release date is reestablished are as sentences, or if it is determined that an follows: offender was released in error, or if it is Upon revocation of any post- subsequently determined that the offender was (1) statutorily ineligible for release, the release supervision program; Secretary of the Department or the secretary's (2) Upon recapture following designated representative shall issue a escape; such offender into warrant for retaking (3) Upon return from release on custody to serve the remainder of such bond; sentence or combined sentences. The warrant (4) Upon determination that an issued shall: inmate's release date was not calculated in (a) Be in writing and in the name accordance with case law or statute. of the Department of Corrections; Specific Authority 944.278 FS. law (b) Command that law enforcement Implemented 944.278 FS. History - New 4-17- officials take the offender against whom the 94, Formerly 33-11.019. warrant is issued into custody and hold him until such time as proper arrangements can be 33.603.410 Credit for Till.. Served made for the return of the offender to the Following Apprehension in Another department; Jurisdiction. An escapee or an absconder from (c) Specify the name of the supervised community release or provisional offender to apprehended, the date of be release supervision shall be eligible for escape, date of absconding from supervision, credit for time served following apprehension or the date on which the offender was released in another jurisdiction as follows: in error, the date the offender was sentenced (1) If the offender is being held to incarceration in the department, the county solely on the Department of Corrections' of sentence, the term of sentence; and warrant, credit will be applied from the date (d) Dear the seal of the of arrest. However, if the offender refuses Department of Corrections. to waive extradition, credit will be stopped (2) An offender who is arrested as on the date of such refusal and will not provided in subsection (1) above is ineligible resume the offender is taken into until for bond, bail, or release on his own custody by agents of the department, or the recognisance. offender subsequently signs a waiver of (3) The issuance of a warrant extradition. pursuant to this rule does not negate or (2) An offender who is arrested interfere with the right to issuance of a and charged with crimes committed in an out- warrant under any other provision of law, nor of-state jurisdiction shall not be eligible will it interfere with any charges or court for credit for time served on the Florida proceeding pending against the individual in sentence until such additional charges are any other jurisdiction. disposed of and the offender is being held (4) A warrant issued by the solely on the department's warrant. In such Department shall be in effect until the inmate instances, credit shall be allowed from the has been returned to the custody of the date of disposition of local charges. Department, or until the sentence being served (3) If the offender is bondable on by the inmate is deemed satisfied, whichever the out-of-state charges, credit may be occurs first. applied from the date of arrest upon receipt (5) The following procedures shall of appropriate documentation that ouch be followed in cases of offenders who were offenses were bondable. released in error or were subsequently Specific Authority 944.09, 944.275 PS. law determined to be statutorily ineligible for Implemented 944.09, 944.275 PS. History--New release: 603-8 EFTA00188509 CHAPTER 11-603 SENTENCE STRUCTURE AND TANSPORTATION (a) Within three days of receiving notification that the offender has been taken into custody, excluding the day of notice, weekends and holidays, a correctional probation officer, classification supervisor, or other person designated by the Bureau Chief of Admission and Release for that purpose shall provide the offender with a copy of the affidavit upon which the warrant was issued, a copy of the warrant, a written statement advising the offender that he or she may challenge his return to custody through use of the inmate grievance procedure, and a copy of Form DC1-303, Request for Administrative Remedy or Appeal. In those cases in which the offender io out of state, the time frame for delivery of the warrant package to the offender shall be extended to *even days, excluding the day of notice, holidays and weekends. (b) An offender who wishes to challenge his or her return to Department of Correction* custody shall file an emergency grievance directly with the Office of the Secretary using the Request for Administrative Remedy or Appeal, Form DC1-303, in accordance with rule 33-103.007(5). (c) Grievances filed with the Office of the Secretary regarding retaking of an offender into custody shall be responded to in accordance with the time frames set forth in rule 33-103.007 and 33-103.011. (d) Nothing in this section shall be deemed to constitute a waiver by the Department of Corrections of its authority or jurisdiction to retake offenders into custody under the circumstances set forth in subsection (1) of this rule, nor shall any procedure had under this section which results in or fails to result in retaking be deemed a waiver by the department of its authority or jurisdiction to retake offenders. Specific Authority 944.405 PS. law Implemented 944.405 PS. History--New 2.29-88, 1-06-94. Formerly 33.3.0105. 33-603.412 Actual Release Date. A sentence expires at midnight, but release nay be granted at any hour on such release date. Specific Authority 944.09 FS. Law Implemented 944.09, 944.275 FS. History--New 2-26-80, Formerly 33-11.12, Formerly 33-11.012. 603-9 EFTA00188510 Completing the Scoresheet 1. Date of Sentence 8. Race ■ Check the appropriate box to note the race of • Record the date the sentence was imposed the offender. Use the following criteria: (B) Black - a person having origins in any of the 2. Scoresheet Preparer black racial groups of Africa. (W) White - a person having origins in any of the • Indicate the first and last name of the slate original peoples of Europe, North Africa or the attorney who prepared the scoreshect. Middle East. * (Other) - a person having origins in any of the 3. County original peoples of the Far East, southeast Asia, Indian subcontinent, Pacific Islands, or ■ Record the name of the county where the any of the original people of the Americas, sentence is imposed. In instances of a change including Native Americans or Alaskan of venue, record the county that received the natives. case. 9. Gender 4. Sentencing Judge • Record the full name of the judge imposing • Check the appropriate box to indicate the sentence. gender of the offender. 5. Name 10. Primary Offense Date ■ Record the offender's legal name used at the • The date of the "primary offense" pending time of sentencing. Record the name using the before the court for sentencing. If the following format: last name, first name, primary offense involves dates of continuing middle initial. Do not record aliases. enterprise, record the date the criminal activity commenced. 6. Date of Birth 11. Primary Docket Number ■ Record the offender's date of birth. • The felony court case number of the primary 7. DC Number offense before the court for sentencing. Only one case number can be utilized as only one ■ Record the six digit number assigned by the count of one case before the court for Department of Corrections if available. sentencing shall be classified as the primary offense. 8 EFTA00188511 12. Plea or Trial • Check whether the adjudication of the offenses Prior Capital Felony Points/Primary Offense at conviction was obtained by plea or trial. If convictions were obtained by both plea and if the offender has one or more prior trial, enter a check mark in the trial field. capital felonies in the offender's criminal record, points shall be added to the subtotal sentence 13. Primary Offense points of the offender equal to twice the number of points the offender receives for the primary "Primary offense" means the offense at offense. This is recorded by checking the box in conviction pending before the court for sentencing Section I and multiplying the Section I subtotal by for which the total sentence points recommend a 3 (three). sanction that is as severe as, or more severe than, the sanction recommended for any other offense A prior capital felony in the offender's committed by the offender and pending before the criminal record is a previous capital felony offense court at sentencing. Only one count of one offense for which the offender has entered a plea of nolo before the court for sentencing shall be classified contendre or guilty or has been found guilty, or a as the primary offense. All other offenses, felony in another jurisdiction which is a capital including multiple counts of the same offense felony in that jurisdiction, or would be a capital scored as the primary offense, are to be listed as felony if the offense were committed in this state. additional offenses. The primary may be an offense ranked at a lower severity level than other offenses before the court for sentencing due to the 14. Additional Offenses operation of multipliers for drug trafficking, grand theft motor vehicle (with the requisite prior Additional offense means any offense other record) violations of the Law Enforcement than the primary offense for which an offender is Protection Act, Street Gang and Domestic convicted and which is pending before the court Violence. The Felony Degree, Florida Statute, for sentencing at the time of the primary offense. Description and Offense Level shall be recorded The severity level of each additional offense must in the appropriate field of Section I. The points be known in order to score it. Multiple counts of assigned to the severity level of the offense are the same offense can be listed on a single line with entered in the space indicated on the scoresheet. the points indicated for that severity level multiplied by the number of counts. The resulting An offense before the court as a result of a finding points are recorded in the fields in the right hand of violation of a community sanction is the column. Misdemeanors are scored at the level primary offense if the original charge total "M" regardless of degree. A supplemental page is sentence points recommend a sanction that is as available for additional offenses if the available severe as, or more severe than, the sanction lines are not sufficient for all additional offenses. recommended for any other offense committed by the offender and pending before the court at An offense before the court as a result of a sentencing under any single version of the finding of violation of a community sanction is an guidelines, revision of the guidelines or additional offense if the original charge total punishment code. This is in accordance with sentence points do not recommend a sanction that sections 775.082 (8), 921.0021(1), 921.0021(4) and is as severe as, or more severe than, the sanction 921.0024(3), Florida Statutes. recommended for any other offense committed by the offender and pending before the court at 9 EFTA00188512 sentencing under any single version of the to commit bookmaking under section 849.25(4), guidelines, revision of the guidelines or Florida Statutes, or attempting, soliciting or punishment code. This is in accordance with conspiring to kill or commit aggravated abuse sections 775.082 (8), 921.0021(1), 921.0021(4) and upon registered horses or cattle 828.125(2), 921.0024(3), Florida Statutes. Florida Statutes, are examples of legislative intent to punish the inchoate versions of an offense the Prior Capital Felony Points / same as the completed offense. Unless specifically Additional Offense provided otherwise by statute, attempts, conspiracies, and solicitations must be indicated in If the offender has one or more prior the space provided on the Criminal Punishment capital felonies in the offender's criminal record, Code scoresheet and must be scored at one points shall be added to the subtotal sentence severity level below the completed offense. points of the offender equal to twice the number of points the offender receives for the additional Attempts, solicitations, and conspiracies of offense(s). This is calculated by checking the box third-degree felonies located in offense severity in Section If and multiplying the Section II levels 1 and 2 must be scored as misdemeanors. subtotal by 3 (three). Attempts, solicitations, and conspiracies of third- degree felonies located in offense severity levels 3, A prior capital felony in the offender's 4, 5, 6, 7, 8, 9, and 10 must be scored as felonies criminal record is a previous capital felony offense one offense level beneath the incomplete or for which the offender has entered a plea of nolo inchoate offense. contendre or guilty or has been found guilty; or a felony in another jurisdiction which is a capital 16. Victim Injury felony in that jurisdiction, or would be a capital felony if the offense were committed in this state. "Victim injury" is scored for physical injury or death suffered by a person as a direct Prior capital felonies shall not be scored in the result of any offense pending before the court for prior record section. sentencing. Except as otherwise provided by law (section 921.0021(7) (c) (d), Florida Statutes) the 15. Attempts, Conspiracies, Solicitations and sexual penetration and sexual contact points will Reclassifications be scored as follows. Sexual penetration points (80) are scored if an offense pending before the Criminal attempts, criminal solicitations court for sentencing involves sexual penetration. and criminal conspiracies are generally scored one Sexual contact points (40) are scored if an offense level below the severity level of the completed pending before the court for sentencing involves offense. Where a criminal attempt, solicitation or sexual contact, but no penetration. If the victim of conspiracy is separately ranked in section an offense involving sexual penetration or sexual 921.0022, Florida Statutes, the severity level at contact without penetration suffers any physical which the inchoate offense is placed is the basis injury as a direct result of an offense pending for scoring. Where the inchoate version of an before the court for sentencing, that physical offense is required to be punished as if the injury must be scored separately and in addition offender had committed the prohibited act, score to any points scored for the sexual contact or it at the same level as the completed crime. sexual penetration. Conspiracy to commit drug trafficking under section 893.135(5), Florida Statutes, or conspiring Victim injury must be scored for each 10 EFTA00188513 victim physically injured and for each offense Convictions for offenses committed more than 10 resulting in physical injury whether there are one years before the date of the commission of the or more victims. Multiple assessments of the same primary offense must not be scored as prior level of victim injury may be scored by record if the offender has not been convicted of multiplying the appropriate level of injury by the any other crime for a period of 10 consecutive number of counts seoreable. However, victim years from the most recent date of release from injury must not be scored for an offense for which confinement, supervision, or other sanction, the offender has not been convicted. whichever is later, to the date of the commission of the primary offense. If the offense at conviction is a second degree murder, 240 points are to be scored for the Juvenile dispositions of offenses committed by the death. All other deaths are to receive 120 points as offender within 5 years before the date of the victim injury. commission of the primary offense must be scored as prior record if the offense would have been a Victim injury resulting from one or more crime if committed by an adult. Juvenile capital offenses before the court for sentencing dispositions of sexual offenses committed by the must not be included upon any scoresheet offender more than 5 years before the date of the prepared for non-capital offenses also pending primary offense must be scored as prior record if before the court for sentencing. This does not the offender has not maintained a conviction-free prohibit the scoring of victim injury as a result of record, either as an adult or as a juvenile, for a the non-capital offense or offenses before the period of 5 consecutive years from the most recent court for sentencing. date of release from confinement, supervision, or sanction, whichever is later, to the date of 17. Prior Record commission of the primary offense. "Prior record" refers to any conviction for Entries in criminal histories that show no an offense committed by the offender prior to the disposition, disposition unknown, arrest only, or a commission of the primary offense. "Conviction" disposition other than conviction must not be means a determination of guilt that is the result of scored. Criminal history records expunged or a plea or trial, regardless of whether adjudication sealed under section 943.058, Florida Statutes, or is withheld. other provisions of law, including former sections 893.14 and 901.33, Florida Statutes, must be Prior record includes convictions for scored as prior record where the offender whose offenses committed by the offender as an adult or record has been expunged or sealed is before the juvenile, convictions by federal, out of state, court for sentencing. military, or foreign courts and convictions for violations of county or municipal ordinances that Any uncertainty in the scoring of the offender's incorporate by reference a penalty under state prior record must be resolved in favor of the law. Federal, out of state, military or foreign offender and disagreement as to the propriety of convictions are scored at the severity level at scoring specific entries in the prior record must be which the analogous or parallel Florida crime is resolved by the sentencing judge. located. The elements of an out-of-state offense are to be the sole consideration for determining an When unable to determine whether the conviction analogous crime to be scored as prior record is a felony or a misdemeanor, the conviction must be scored as a 11 EFTA00188514 misdemeanor. When the degree of felony is felony conviction, 12 community sanction ambiguous or the severity level cannot be violation points must be assessed. Where there determined, the conviction must be scored at are multiple violations, points may be assessed severity level I. only for each successive violation that follows a continuation of supervision, or modification or 18. Legal Status Violations revocation of the community sanction before the court for sentencing and are not to be assessed for "Legal status points" are assessed when an violation of several conditions of a single offender: community sanction. Multiple counts of community sanction violations before the Escapes from incarceration; flees to avoid sentencing court may not be the basis for prosecution; fails to appear for a criminal multiplying the assessment of community sanction proceeding; violates any condition of a violation points. supersedeas bond; is incarcerated; is under any form of a pretrial intervention or diversion 20. Prior Serious Felony Points program; or is under any form of court-imposed or post-prison release community supervision and A single assessment of thirty prior serious commits an offense that results in conviction. felony points is added if the offender has a Legal status violations receive a score of 4 primary offense or any additional offense ranked sentence points and are scored when the offense in level 8, 9, or 10 (under sections 921.0022 or committed while under legal status is before the 921.0023, Florida Statutes) and one or more prior court for sentencing. Points for a legal status serious felonies. A "prior serious felony" is an violation must only be assessed once regardless of offense in the offender's prior record ranked in the existence of more than one form of legal status level 8, 9, or 10 and for which the offender is at the time an offense is committed or the number serving a sentence of confinement, supervision or of offenses committed while under any form of other sanction or for which the offender's date of legal status. release from confinement, supervision, or other sanction, whichever is later, is within 3 years before the date the primary offense or any additional offenses were committed. Out of state 19. Violating the Conditions of a Community convictions wherein the analogous or parallel Sanction Florida offenses are located in offense severity level 8, 9, or 10 must be considered prior serious Community sanction violation points occur felonies. when the offender is found to have violated one or more conditions of a community sanction. Possession of a Firearm, Semiautomatic Weapon Community sanctions include probation, or Machine Gun community control or pretrial intervention or diversion. Possession of a firearm, semiautomatic firearm, or Community sanction violation points are a machine gun during the commission or attempt assessed when a community sanction violation is to commit a crime will result in additional before the court for sentencing as a primary or sentence points. Eighteen sentence points are additional offense. Six community sanction assessed if the offender is convicted of committing violation points must be assessed for each or attempting to commit any felony other than violation or if the violation results from a new those enumerated in subsection 775.087(2), 12 EFTA00188515 Florida Statutes, while having in his or her sentence points are multiplied by 2.5. If the possession a firearm as defined in subsection primary offense is a violation of subsection 790.001(6), Florida Statutes. Twenty-five sentence 775.0823(3), (4), (5), (6), (7), or (8), Florida points are assessed if the offender is convicted of Statutes, the subtotal sentence points are committing or attempting to commit any felony multiplied by 2.0. If the primary offense is a other than those enumerated in subsection violation of the Law Enforcement Protection Act 775.087(3), Florida Statutes, while having in his or under subsection 775.0823(9) or (10), Florida her possession a semiautomatic firearm as defined Statutes, or section 784.07(3), Florida Statutes, or in subsection 775.087(3), Florida Statutes, or a section 775.0875(1), Florida Statutes, the subtotal machine gun as defined in subsection 790.001(9), sentence points are multiplied by 1.5. Florida Statutes. Only one assessment of either 18 or 25 points can be made. If the primary offense is grand theft of the third degree of a motor vehicle and the offender's prior Firearm points may not be assessed where the record includes three or more grand thefts of the possession of the firearm is necessary in order for third degree of a motor vehicle, the subtotal the underlying felony to exist. In other words, if sentence points are multiplied by 1.5. the offense is possession of a firearm by a convicted felon or carrying a concealed firearm, If the Offender is convicted of the primary offense the additional points should not be assessed. Also, and committed the offense for the purpose of if the offense is one of those enumerated in section benefiting, promoting, or furthering the interests 775.087 (2) or (3), Florida Statutes, firearm points of a criminal street gang under section 874.04, may not be assessed. Florida Statutes, of the commission of the primary offense, the subtotal sentence points are multiplied by 13. 21. Subtotal Sentence Points If the primary offense is a crime of domestic "Subtotal sentence points" are the sum of violence as defined in section 741.28, Florida the primary offense points, the total additional Statutes, which was committed in the presence of offense points, the total victim injury points, the a child under 16 years of age who is a family total prior record points, any legal status points, household member as defined in section 741.28(2), community sanction points, prior serious felony Florida Statutes, with the victim or perpetrator, points, prior capital felony points and points for the subtotal sentence points are multiplied, at the possession of a firearm or semiautomatic weapon. discretion of the court, by 1.5. 22. Sentencing Enhancements 23. Total Sentence Points If the primary offense is drug trafficking "Total sentence points" are the subtotal under section 893.135, Florida Statutes, ranked in sentence points or the enhanced subtotal sentence offense severity level 7 or 8, the subtotal sentence points. Do not add the subtotal sentence points points may be multiplied, at the discretion of the and the enhanced subtotal points to arrive at total sentencing court, by a factor of 1.5. sentence points. The lowest permissible sentence is the If the primary offense is a violation of the Law minimum sentence that may be imposed by the Enforcement Protection Act under subsections trial court, absent a valid reason for departure. 775.0823(2), Florida Statutes, the subtotal The lowest permissible sentence is any nonstate 13 EFTA00188516 prison sanction in which the total sentence points 25. Split Sentence equals or is less than 44 points, unless the court determines within its discretion that a prison If a split sentence is imposed, the total sanction sentence, which may be up to the statutory (incarceration and community control or maximums for the offenses committed, is probation) must not exceed the term provided by appropriate. When the total sentence points general law or the maximum sentence under the exceed 44 points, the lowest permissible sentence Criminal Punishment Code. in prison months must be calculated by subtracting 28 points from the total sentence 26. Revocation of Supervision points and decreasing the remaining total by 25 percent. The total sentence points must be Sentences imposed after revocation of probation calculated only as a means of determining the or community control must be imposed pursuant lowest permissible sentence. The permissible to the sentencing law applicable at the time of the range for sentencing must be the lowest commission of the original offense. permissible sentence up to and including the statutory maximum, as defined in section 775.082, Florida Statutes, for the primary offense and any additional offenses before the court for sentencing. The sentencing court may impose 27. Departures such sentences concurrently or consecutively. However, any sentence to state prison must exceed Any downward departure from the lowest 1 year. If the lowest permissible sentence under permissible sentence, as calculated according to the Code exceeds the statutory maximum sentence the total sentence points pursuant to section as provided in section 775.082, Florida Statutes, 921.0024, Florida Statutes, is prohibited unless the sentence required by the Code must be there are circumstances or factors that reasonably imposed. If the total sentence points are greater justify the downward departure. Mitigating than or equal to 363, the court may sentence the circumstances or factors that can be considered offender to life imprisonment. The sentence include, but are not limited to, those listed in imposed must be entered on the scoresheet. subsection 921.0026(2), Florida Statutes, and attached in Appendix D. 24. Mandatory Minimum Sentence If a sentencing judge imposes a sentence that is For those offenses having a mandatory minimum below the lowest permissible sentence, it is a sentence, a scoresheet must be completed and the departure sentence and must be accompanied by a lowest permissible sentence under the code written statement by the sentencing court calculated. If the lowest permissible sentence is delineating the reasons for the departure, filed less than the mandatory minimum sentence, the within 7 days after the date of sentencing. A mandatory minimum sentence takes precedence. written transcription of orally stated reasons for If the lowest permissible sentence exceeds the departure articulated at the time sentence was mandatory sentence, the requirements of the imposed is sufficient if it is filed by the court Criminal Punishment Code and any mandatory within 7 days after the date of sentencing. The minimum penalties will apply. Mandatory sentencing Judge may also list the written reasons minimum sentences must be recorded on the for departure in the space provided on the scoresheet. Criminal Punishment Code scoresheet. 14 EFTA00188517 The written statement delineating the reasons for departure must be made a part of the record. The written statement, if it is a separate document, must accompany the scoresheet required to be provided to the Department of Corrections pursuant to section 921.0024(6), Florida Statutes. The imposition of a sentence below the lowest permissible sentence is subject to appellate review under Chapter 924, but the extent of the downward departure is not subject to appellate review. 15 EFTA00188518 APPENDIX A Rule 3.704 . The Criminal Punishment Code (a) Use. This Me is to be used in conjunction with the forms located at rule 3.992. This rule implements the 1998 Criminal Punishment Code, in compliance with chapter 921, Florida Statutes. This rule applies to offenses committed on or alter October 1, 1998, or as otherwise required by law. (b) Purpose and Construction. The purpose of the 1998 Criminal Punishment Code and the principles it embodies are set out in subsection 921.002(1), Florida Statutes. Existing case law construing the application of sentencing guidelines will continue as precedent unless in conflict with the provisions of this rule or the 1998 Criminal Punishment Code. (c) Offense Severity Ranking. (1) Felony offenses subject to the 1998 Criminal Punishment Code are listed in a single offense severity ranking chart located in section 921.0022, Florida Statutes. The offense severity ranking chart employs 10 offense levels, ranked from least severe to most severe. Each felony offense is assigned to a level according to the severity of the offense, commensurate with the harm or potential for harm to the community that is caused by the offense, as determined by statute. The numerical statutory reference in the left column of the chart and the felony degree designations in the middle column of the chart determine whether felony offenses are specifically listed in the offense severity ranking chart and the appropriate severity level. The language in the right column is merely descriptive. (2) Felony offenses not listed in section 921.0022, Florida Statutes, are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows: (A) A felony of the third degree within offense level 1. (B) A felony of the second degree within offense level 4. (C) A felony of the first degree within offense level 7. (I)) A felony of the first degree punishable by life within offense level 9. (E) A life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section 921.0023, Florida Statutes, because of a reclassification of the degree of felony under section 775.0845, section 775.087, section 775.0875 or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense. (d) General Rules and Definitions. (I) One or more Criminal Punishment Code score-sheets must be prepared for each offender covering 16 EFTA00188519 all offenses pending before the court for sentencing, including offenses for which the offender may qualify as an habitual felony offender, an habitual violent felony offender, a violent career criminal or a prison releasee reoffender. The office of the state attorney must prepare the scoresheets and present them to defense counsel for review for accuracy. If sentences are imposed under section 775.084 or section 775.082(9), Florida Statutes, and the Criminal Punishment Code, a scoresheet listing only those offenses sentenced under the Criminal Punishment Code must be filed in addition to any sentencing documents filed under sections 775.084, or 775.082(9), Florida Statutes. (2) One scoresheet must be prepared for all offenses committed under any single version or revision of the guidelines or Criminal Punishment Code pending before the court for sentencing. (3) If an offender is before the court for sentencing for more than one felony and the felonies were committed under more than one version or revision of the guidelines or Criminal Punishment Code, separate scoresheets must be prepared and used at sentencing. The sentencing court may impose such sentence concurrently or consecutively. (4) The sentencing judge must review the scoresheet for accuracy and sign it. (5) Felonies, except capital felonies, with continuing dates of enterprise are to be sentenced under the guidelines or Criminal Punishment Code in effect on the beginning date of the criminal activity. (6) "Conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. (7) "Primary offense" means the offense at conviction pending before the court for sentencing for which the total sentence points recommend a sanction that is as severe as, or more severe than, the sanction recommended for any other offense committed by the offender and pending before the court at sentencing. Only one count of one offense before the court for sentencing shall be classified as the primary offense. (8) "Additional offense" means any offense other than the primary offense for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense. (9) "Victim injury" is scored for physical injury or death suffered by a person as a direct result of any offense pending before the court for sentencing. Except as otherwise provided by law, the sexual penetration and sexual contact points will be scored as follows. Sexual penetration points are scored if an offense pending before the court for sentencing involves sexual penetration. Sexual contact points are scored if an offense pending before the court for sentencing involves sexual contact, but no penetration. If the victim of an offense involving sexual penetration or sexual contact without penetration suffers any physical injury as a direct result of an offense pending before the court for sentencing, that physical injury must be scored in addition to any points scored for the sexual contact or sexual penetration. Victim injury must be scored for each victim physically injured and for each offense resulting in physical injury whether there are one or more victims. However, victim injury must not be scored for an offense for which the offender has not been convicted. Victim injury resulting from one or more capital offenses before the court for sentencing must not be included upon any scoresheet prepared for non-capital offenses also pending before the court for sentencing. This 17 EFTA00188520 for does not prohibit the scoring of victim injury as a result of the non-capital offense or offenses before the court sentencing. (10) Unless specifically provided otherwise by statute, attempts, conspiracies, and solicitations must be indicated in the space provided on the Criminal Punishment Code scoresheet and must be scored at one severity level below the completed offense. Attempts, solicitations, and conspiracies of third-degree felonies located in offense severity levels 1 and 2 must be scored as misdemeanors. Attempts, solicitations, and conspiracies of third-degree felonies located in the offense severity levels 3, 4, 5, 6, 7, 8, 9, and 10 must be scored as felonies one offense level beneath incomplete or inchoate offense. (11) An increase in offense severity level may result from a reclassification of felony degrees under sections 775.0845, 775.087, 775.0875, or 794.023, Florida Statutes. Any such increase must be indicated in the space provided on the Criminal Punishment Code scoresheet. (12) A single assessment of thirty prior serious felony points is added if the offender has a primary offense or any additional offense ranked in level 8, 9, or 10 and one or more prior serious felonies. A "prior serious felony" is an offense in the offender's prior record ranked in level 8, 9, or 10 and for which the offender is serving a sentence of confinement, supervision or other sanction or for which the offender's date of release from confinement, supervision, or other sanction, whichever is later, is within 3 years before the date the primary offense or any additional offenses were committed. Out of state convictions wherein the analogous or parallel Florida offenses are located in offense severity level 8, 9, or 10 must be considered prior serious felonies. (13) If the offender has one or more prior capital felonies, points must be added to the subtotal sentence points of the offender equal to twice the number of points the offender receives for the primary offense and any additional offense. Out-of-state convictions wherein the analogous or parallel Florida offenses are capital offenses and must be considered capital offenses for purposes of operation of this section. (14) "Prior record" refers to any conviction for an offense committed by the offender prior to the commission of the primary offense. Prior record includes convictions for offenses committed by the offender as an adult or as a juvenile, convictions by federal, out of state, military, or foreign courts and convictions for violations of county or municipal ordinances that incorporate by reference a penalty under state law. Federal, out of state, military or foreign convictions are scored at the severity level at which the analogous or parallel Florida crime is located. (A) Convictions for offenses committed more than 10 years before the date of the commission of the primary offense must not be scored as prior record if the offender has not been convicted of any other crime for a period of 10 consecutive years from the most recent date of release from confinement, supervision, or other sanction, whichever is later, to the date of the commission of the primary offense. (B) Juvenile dispositions of offenses committed by the offender within 5 years before the date of the commission of the primary offense must be scored as prior record if the offense would have been a crime if committed by an adult. Juvenile dispositions of sexual offenses committed by the offender more than 5 years before the date of the primary offense must be scored as prior record if the offender has not maintained a conviction-free record, either as an adult or as a juvenile, for a period of 5 consecutive years 18 EFTA00188521 to the from the most recent date of release from confinement, supervision, or sanction, whichever is later, date of commission of the primary offense. (C) Entries in criminal histories that show no disposition, disposition unknown, arrest only, or a disposition other than conviction must not be scored. Criminal history records expunged or sealed under section 943.058, Florida Statutes, or other provisions of law, including former sections 893.14 and 901.33, Florida Statutes, must be scored as prior record where the offender whose record has been expunged or sealed is before the court for sentencing. (D) Any uncertainty in the scoring of the offender's prior record must be resolved in favor of the offender and disagreement as to the propriety of scoring specific entries in the prior record must be resolved by the sentencing judge. (E) When unable to determine whether the conviction to be scored as prior record is a felony or a misdemeanor, the conviction must be scored as a misdemeanor. When the degree of felony is ambiguous or the severity level cannot be determined, the conviction must be scored at severity level 1. (15) "Legal status points" are assessed when an offender: (A) Escapes from incarceration; (B) Flees to avoid prosecution; (C) Fails to appear for a criminal proceeding; (D) Violates any condition of a supersedeas bond; (E) Is incarcerated; (F) Is under any form of a pretrial intervention or diversion program; or (G) Is under any form of court-imposed or post-prison release community supervision and commits an offense that results in conviction. Legal status violations receive a score of 4 sentence points and are scored when the offense committed while under legal status is before the court for sentencing. Points for a legal status violation must only be assessed once regardless of the existence of more than one form of legal status at the time an offense is committed or the number of offenses committed while under any form of legal status. (16) Community sanction violation points occur when the offender is found to have violated a condition of: (A) Probation; (B) Community Control; or (C) Pretrial intervention or diversion. 19 EFTA00188522 Community sanction violation points are assessed when a community sanction violation is before the court for sentencing. Six community sanction violation points must be assessed for each violation or if the violation are results from a new felony conviction, 12 community sanction violation points must be assessed. Where there multiple violations, points may be assessed only for each successive violation that follows a continuation of supervision, or modification or revocation of the community sanction before the court for sentencing and are not to be assessed for violation of several conditions of a single community sanction. Multiple counts of community sanction violations before the sentencing court may not be the basis for multiplying the assessment of community sanction violation points. (17) Possession of a firearm, semiautomatic firearm, or a machine gun during the commission or attempt to commit a crime will result in additional sentence points. Eighteen sentence points are assessed if the offender is convicted of committing or attempting to commit any felony other than those enumerated in subsection , 775.087(2), Florida Statutes, while having in his or her possession a firearm as defined in subsection 790.001(6) Florida Statutes. Twenty-five sentence points are assessed if the offender is convicted of committing or attempting to commit any felony other than those enumerated in subsection 775.087(3), Florida Statutes, while having in his gun or her possession a semiautomatic firearm as defined in subsection 775.087(3), Florida Statutes, or a machine as defined in subsection 790.001(9), Florida Statutes. Only one assessment of either 18 or 25 points can be made. (18) "Subtotal sentence points" are the sum of the primary offense points, the total additional offense points, the total victim injury points, the total prior record points, any legal status points, community sanction points, prior serious felony points, prior capital felony points and points for possession of a firearm or semiautomatic weapon. (19) If the primary offense is drug trafficking under section 893.135, Florida Statutes, ranked in offense by a severity level 7 or 8, the subtotal sentence points may be multiplied, at the discretion of the sentencing court, factor of 1.5. (20) If the primary offense is a violation of the Law Enforcement Protection Act under subsections 775.0823(2), Florida Statutes, the subtotal sentence points are multiplied by a factor of 2.5. If the primary offense is a violation of subsection 775.0823(3), (4), (5), (6), (7), or (8), Florida Statutes, the subtotal sentence points are multiplied by a factor of 2.0. If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823(9) or (10) or section 784.07(3), Florida Statutes, or section 775.0875(1), Florida Statutes, the subtotal sentence points are multiplied by a factor of 1.5. (21) If the primary offense is grand theft of the third degree of a motor vehicle and the offender's prior record includes three or more grand thefts of the third degree of a motor vehicle, the subtotal sentence points are multiplied by 1.5. (22) If the offender is found to have committed the offense for the purpose of benefiting, promoting, or furthering the interests of a criminal street gang under section 874.04, Florida Statutes, at the time of the commission of the primary offense, the subtotal sentence points are multiplied by 1.5. (23) If the primary offense is a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the presence of a child under 16 years of age who is a family household member as defined in section 741.28(2), Florida Statutes, with the victim or perpetrator, the subtotal sentence points are multiplied, at the discretion of the court, by 1.5. 20 EFTA00188523 (24) "Total sentence points" are the subtotal sentence points or the enhanced subtotal sentence points. (25) The lowest permissible sentence is the minimum sentence that may be imposed by the trial court, absent a valid reason for departure. The lowest permissible sentence is any nonstate prison sanction in which the total sentence points equals or is less than 44 points, unless the court determines within its discretion that a prison sentence, which may be up to the statutory maximums for the offenses committed, is appropriate. When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months must be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent. The total sentence points must be calculated only as a means of determining the lowest permissible sentence. The permissible range for sentencing must be the lowest permissible sentence up to and including the statutory maximum, as defined in section 775.082, Florida Statutes, for the primary offense and any additional offenses before the court for sentencing. The sentencing court may impose such sentences concurrently or consecutively. However, any sentence to state prison must exceed 1 year. If the lowest permissible sentence under the Code exceeds the statutory maximum sentence as provided in section 775.082, Florida Statutes, the sentence required by the Code must be imposed. If the total sentence points are greater than or equal to 363, the court may sentence the offender to life imprisonment. The sentence imposed must be entered on the scoresheet. (26) For those offenses having a mandatory minimum sentence, a scoresheet must be completed and the lowest permissible sentence under the Code calculated. If the lowest permissible sentence is less than the mandatory minimum sentence, the mandatory minimum sentence takes precedence. If the lowest permissible sentence exceeds the mandatory sentence, the requirements of the Criminal Punishment Code and any mandatory minimum penalties apply. Mandatory minimum sentences must be recorded on the score-sheet. (27) Any downward departure from the lowest permissible sentence, as calculated according to the total sentence points under section 921.0024, Florida Statutes, is prohibited unless there are circumstances or factors that reasonably justify the downward departure. Circumstances or factors that can be considered include, but are not limited to, those listed in subsection 921.0026(2), Florida Statutes. (A) If a sentencing judge imposes a sentence that is below the lowest permissible sentence, it is a departure sentence and must be accompanied by a written statement by the sentencing court delineating the reasons for the departure, filed within 7 days after the date of sentencing. A written transcription of orally stated reasons for departure articulated at the time sentence was imposed is sufficient if it is filed by the court within 7 days after the date of sentencing. The sentencing judge may also list the written reasons for departure in the space provided on the Criminal Punishment Code scoresheet. (B) The written statement delineating the reasons for departure must be made a part of the record. The written statement, if it is a separate document, must accompany the scoresheet required to be provided to the Department of Corrections under subsection 921.0024(6), Florida Statutes. If a split sentence is imposed, the total sanction (incarceration and community control or probation) must not exceed the term provided by general law or the maximum sentence under the Criminal Punishment Code. (28) Sentences imposed after revocation of probation or community control must be imposed according to the sentencing law applicable at the time of the commission of the original offense. 21 EFTA00188524 APPENDIX B - For Offenses committed under the Criminal Punishment Code (on or after 10-1-98) RULE 3.992(a) CRIMINAL PUNISHMENT CODE SCORESHEET I. DATE OF SENTENCE 2. PREPAREWS NAME • DC O SAO 1. COUNTY 4. SENTENCING JUDGE S. NAME (LAST. FIRST.MIL) 6. DOB S. RACE 10. PRIMARY OFF. DATE 12. NIB • W OWNER PLEA • 7. DC a 9. GENDER II. PRIMARY DOCKETS TRIAL O OM OF I. PRIMARY OFFENSE: If Oualiber, please check _A C R (A=Attempi, S.Solicitation. C.Conspiracy, R=Reclassi(CatIon) FELONY F.S.0 DESCRIPTION OFFENSE POINTS DEGREE LEVEL / / / 1=4, 2=10. X16, 4=2Z 5=28, 6.38. 7=60, 6=74, 9=92, 10=116) (Levet - Points: Prior capital felony triples Primary Offense points O II. ADDITIONAL OFFENSE(S): Supplemental page attached O DOCKET*/ FEL/MM F.S.H OFFENSE QUALIFY COUNTS POINTS TOTAL DEGREE LEVEL ASCR / / _./ OOOO x • DESCRIPTION OOOO x DESCRIPTION O ❑ El_ DESCRIPTION (low. Points: /A=0.2, 1=0.7, 2.1.2, 3=2.4, 4=3.6, 6 .4, 7=21, 8017. 9=4E. 10=58) O Prior capital felony triples Additional Offense points Supplemental page pOintS III. VICTIM INJURY: Number Total Number Total 2nd Degree Murder 240 x Sight 4x Death 120 x = Sex Penetration 80 x Severe 40 x Sex Contact 40 X • Moderate 18 x IV. PRIOR RECORD: Supplemental page attached O FEL/MM F.S.N OFFENSE QUALIFY: DESCRIPTION NUMBER POINTS TOTAL DEGREE LEVEL A SCR OOOO OOOO X OOOO x OOOO x OOOO OOOO OOOO X (Level = Pointe: M=0.2, 1.0.5, 2•0.6, SOS, 4=2.4, 6=3.6, 6.9, 7=14, 8=19, 9=23. 10=29) Supplemental page pants IV. Page 1 Subtotal: 23 EFTA00188525 Page 1 Subtotal: I. Legal Status violation = 4 Points VI. Community Sanction violation before the court for sentencing VI. 6 points x each successive violation OR New felony conviction = 12 points x each successive violation VII. FkeamJSemi-Automatic or Medina Gun 2: 18 or 25 Points VII. VIII. Prior Serious Felony • 30 Points Subtotal Sentence Points IX. Enhancements (only if the primary offense quark's for enhancement) law 010.0Miefil Nellabn Dew Tiarekkag Gran! TM„ %Iola VV Sbed Cwg Perk Whenol ilaftwees COlurilitel Co et stet MIA?) 1.5__x x 1.5 _ 2 2.6 x 1.5 x 1.5 x1.5 X 1.6 Enhanced Subtotal Sentence Points IX. TOTAL SENTENCE POINTS SENTENCE COMPUTATION If total sentence points are less than or equal to 44, the lowest permissible sentence is any lion-state orison sanction. If total sentence points are greater than 44: minus 28= x .75 = total sentence points lowest permissible prison sentence in months The maximum sentence is up to the statutory maximum for the primary and any additional offenses as provided in s. 775.082, F.S.. unless the lowest permissible sentence under the Code exceeds the statutory maximum, Such sentences may be imposed concurrentlyor consecutively. II total sentence points are greater than or equal to 363, a life sentence may be imposed. maximum sentence in years TOTAL SENTENCE IMPOSED Years Months Days ❑ State Prison ❑ Life ❑ County Jail ❑ Time Served ❑ Community Control ❑ Probation Please check If sentenced as ❑ habitual offender. ❑habitual violent offender, ❑ violent career criminal, ❑ prison releasee reoffender, or a ❑ mandatory minimum applies. ❑ Mitigated Departure ❑ Plea Bargain Other Reason JUDGE'S SIGNATURE 24 EFTA00188526 RULE 3.992(b) SUPPLEMENTAL CRIMINAL PUNISHMENT CODE SCORESHEET NAME (LAST, FIRST, WI) DOCKET a DATE OF SENTENCE II. ADDITIONAL OFFENSES(S): DOCKETS FEUMM F.Sti OFFENSE QUALIFY COUNTS POINTS POINTS DEGREE LEVEL A SCR ❑❑❑❑ x a DESCRIPTION 0000 x DESCRIPTION 0000 DESCRIPTION 0000 DESCRIPTION 0000 (Level - Points: M=0.2. 1=0.7, 2.1.2. 3.2.4.4=3.6, 6=5.4, 8=18, 7=28.8.37.9848. 10=58) IV. PRIOR RECORD FELIMM F.81 OFFENSE QUALIFY: DESCRIPTION NUMBER POINTS TOTAL DEGREE LEVEL A S C R OOOO x = / ❑❑❑❑ x = O O O O X = / ❑❑❑❑ x = / ❑❑❑❑ x = (Level = Points: Me0.2. 1.0.5. 2=0.8.3=1.8, 4=2.4, 5=3.13.8=9.7=14, 8=19, 9=23, 10=29) IV. REASONS FOR DEPARTURE - MITIGATING CIRCUMSTANCES (reasons may be checked here or written on the scoresheet) ❑ Legitimate. uncoerced plea bargain. ❑ The defendant was an accomplice to the offense and was a relatively minor participant in the crinkle! conduct. ❑ The capacity 011ie defendant to appreciate the simnel nature of the conduct or to conform that conduct to the requirements of law was substantially impaired. ❑ The defendant requires sped/Ind imatmen4 for a mental disorder that tson/elated to substance abuse or addiction, or for a physical disability, and the defendant is amenable to treatment ❑ The need for payment of resthugon 10 the victim outweighs the need for a prison sentence. ❑ The victim was an Initiator, willing participant, aggressor, or provoker of the incident. ❑ The defendant acted under extreme duress or under the domination of another person. ❑ Before the klentiry of the defendant was determined. the victim was substantially compensated. ❑ The defendant cooperated with the State to resolve the current offense or any other offense. ❑ The offense was committed In an unsophisticated manna( and was an Isolated Incident for winch the defendant has shown remorse. ❑ At the time of the offense the defendant was too young to appreciate the consequences of the offense. ❑ The defendant is to be sentenced as a youthful offender. Pursuant to 921.0028(3) the defendant's substance abuse or addiction dons not Justify a downward departure from the lowest permIssiNe sentence. 25 EFTA00188527 APPENDIX C Offense Severity Ranking Chart Florida Criminal Punishment Code Section 921.0022, Florida Statutes Felony offenses subject to the 1998 Criminal Punishment Code are listed in a single offense severity ranking chart located at section 921.0022, Florida Statutes. The offense severity ranking chart employs 10 offense levels, ranked from least severe to most severe. Each felony offense is assigned to a level according to the severity of the offense, commensurate with the harm or potential for harm to the community that is caused by the offense, as determined by statute. The numerical statutory reference in the left column of the chart and the felony degree designations in the middle column of the chart determine whether felony offenses are specifically listed in the offense severity ranking chart and the appropriate severity level. The language in the right column is merely descriptive. Felony offenses not listed in section 921.0022, Florida Statutes, are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows: (A) A felony of the third degree within offense level 1. (B) A felony of the second degree within offense level 4. (C) A felony of the first degree within offense level 7. (0 ) A felony of the first degree punishable by life within offense level 9. (E) A life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section 921.0023, Florida Statutes, because of a reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense. 26 EFTA00188528 OFFENSE SEVERITY RANKING CHART AS OF JULY 1, 2006 Florida Felony Statute Degree Description n(iga) 3rd Aggravated assault; deadly weapon without intent to kill. 784.021(1XL)) 3rd Aggravated assault; intent to commit felony. 784.041 3rd Felony battery. 784.048(3) 3rd Aggravated stalking; credible threat. 784.048(5) 3rd Aggravated stalking of person under 16. 784.07(2xe) 2nd Aggravated assauh on law enforcement officer. • 784.074(1)(6) 2nd Aggravated assault on sexually violent predators facility staff. 784.08(2)(6) 2nd Aggravated assault on a person 65 years of age or older. 784.081(2) 2nd Aggravated assault on specified official or employee. 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 784.083(2) 2nd Aggravated assault on code inspector. 787.02(2) 3rd False imprisonment; restraining with purpose other than those ins. 787.01 790.115(2Xd) 2nd Discharging firearm or weapon on school property. 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. n( I 1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 794.011(8Xa) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 29• 5(1) 2nd Unlawful sexual activity with specified minor. a92.44(5Xd) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. $06.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 810.02(3Xe) 2nd Burglary of occupied structure; unarmed; no assault or battery. 812.014(2Xb)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 812.0 (9) 2nd Retail theft; property stolen $300 or more, second or subsequent conviction. 37 EFTA00188529 OFFENSE SEVERITY RANKING CHART AS OF JULY 1, 2006 Florida Felony Statute Degree Description 812.13(2Xc) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 817.034(4Xa)I. 1st Communications fraud, value greater than $50,000. 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 825.102(1) 3rd Abuse ofan elderly person or disabled adult. 525.102(3Xe) 3rd Neglect of an elderly person or disabled adult. 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. g25.103(2Xc) 3rd Exploiting an elderly person or disabled adult and property is valued at less than 520,000. 827.03(l) 3rd Abuse of a child. 827.03(3Xc) 3rd Neglect of a child. 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 836.05 2nd Threats; extortion. 836.10 2nd Written threats to kill or do bodily injury. 843.12 3rd Aids or assists person to escape. 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. 944.40 2nd Escapes. 24146 3rd Harboring, concealing, aiding escaped prisoners. 944.47(1Xa)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 951,22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility. (g) LEVEL 7 316.027(IXb) 1st Accident involving death, failure to stop; leaving scene. 316.193(3Xc)2. 3' DUI resulting in serious bodily injury. 38 EFTA00188530 OFFENSE SEVERITY RANKING CHART AS OF JULY 1, 2006 Florida Felony Statute Degree Description 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 327.35(3Xc)2. 3rd Vessel BUI resulting in serious bodily injury. 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 409.920(2) 3rd Medicaid provider fraud. 456.065(2) 3rd Practicing a health care profession without a license. 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 458.327(1) 3rd Practicing medicine without a license. 459.013(1) 3rd Practicing osteopathic medicine without a license. 460.411(1) 3rd Practicing chiropractic medicine without a license. 461.012(1) 3rd Practicing podiatric medicine without a license. 462.17 3rd Practicing naturopathy without a license. 463.015(1) 3rd Practicing optometry without a license. 464.016(1) 3rd Practicing nursing without a license. 465.015(2) 3rd Practicing pharmacy without a license. 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 467.201 3rd Practicing midwifery without a license. 468.366 3rd Delivering respiratory care services without a license. 483.821(I) 3rd Practicing as clinical laboratory personnel without a license. 483.901(9) 3rd Practicing medical physics without a license. 484.013(1Xc) 3rd Preparing or dispensing optical devices without a prescription. 484.053 3rd Dispensing hearing aids without a license. 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 end there were five or more victims. S21(8O)I. 56 3rd Failure to report currency or payment instruments exceeding $300 but less than 520,000 by money transmitter. 39 EFTA00188531 OFFENSE SEVERITY RANKING CHART AS OF JULY 1, 2006 Florida Felony Statute Degree Description 560.125(5Xa) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. =i j0(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 775.21(10Xa) 3rd Sexual predator; failure to register, failure to renew driver's license or identification card; other registration violations. 775.21(10Xb) 3rd Sexual predator working where children regularly congregate. 775.21(10W 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 782.07(l) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 782.071 2nd Killing ofhuman being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). 782.07Z 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 784.045(1)001. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 784.045(1)(8)2. 2nd Aggravated battery; using deadly weapon. a' jal(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 784.048(7) 3rd Aggravated stalking; violation of court order. 784.07(2Xd) 1st Aggravated battery on law enforcement officer. 784.074(1Xa) 1st Aggravated battery on sexually violent predators facility staff. 2.81.O(2X8) 1st Aggravated battery on a person 65 years of age or older. 784.081(1) 1st Aggravated battery on specified official or employee. 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 784.083(1) 1st Aggravated battery on code inspector. 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 790.16(1) 1st Discharge of a machine gun under specified circumstances. 790.165(2) 2nd Manufacture, sell, I:I.vett or deliver hoax bomb. 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 40 EFTA00188532 OFFENSE SEVERITY RANKING CHART AS OF JULY 1, 2006 Florida Felony Statute Degree Description 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon ofmass destruction while committing or attempting to commit a felony. 796.03 2nd Procuring any person under 16 years for prostitution. S(5Xc)1. 80 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. 800.04(5Xc)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender IS years or older. 806.01(2) 2nd Maliciously damage structure by fire or explosive. 810.02(3Xa) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. M,Q2(3Xd) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 1.11,014(2Xa)1. tat Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. 1312.014(2Xb)2. 2nd Property stolen, cargo valued atless than $50,000, grand theft in 2nd degree. t 7.114(2Xb)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 812.0145(2Xa) 1st Theft from person 65 years of age or older; S50,000 or more. 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 812.131(2Xa) 2nd Robbery by sudden snatching. 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 1.17.114(8)01) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 1112340) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 817.234(11M 1st Insurance fraud; property value $100,000 or more. 817.2341(2Xb) & (3)(b) 1st Making false entries ofmaterial fact or false statements regarding property values relating to the solvency of an insuring entity which arc a significant cause of the insolvency of that entity. 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 825.103(2)(6) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than S100,000. 827.03(3Xb) - 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 41 EFTA00188533 STATUTE SECTION CODE OFFENSE TYPE ASI DESCRIPTION GUIDELINE LEVEL FELONY LEVEL EFFECTIVE DEGREE (YYYYMMI 443.071 (I) 2615 FRAUD: BUSINESS FRAUD-TO INCREASE BENEFITS I 199401 3 812.13 (2)(B) 1213 ROBBERY ROBB. WPC -NOT DEADLY 8 199401 1 782.04 (2) 0914 HOMICIDE 2ND DEG MURD, DANGEROUS ACT 10 199401 P 316.1935 (3) 4921 OBSTRUCTING F1EE LEO/HISPEED,NO REGARD 4 199810 800.04 (5)(B) 3622 SEXUAL BATTERY UL MOLEST .12OFF 18+ 9 199910 I. 893.13 (IXA)1 9430 DRUG DEALING SAND METH 5 200010 2 800.04 (4XA) 3640 SEXUAL BATTERY IJI. BAIT. SEX W.I-12-15 8 199910 2 316.1935 (4XA) 4926 OBSTRUCTING AGG. ELFIEJELUDE LEO 5 200407 2 796.07 (4)(C) 4008 PROSTITUTION PROSTITUTION -3 RD CONY. I 200207 3 784.08 (2XC) 1334 BATTERY BATTERY UPON PERSON 65/OLDER 4 199510 3 784.048 (4) 1342 ASSAULT AGG.STALK - VIOL. COURT ORDER 7 199510 3 784.07 (2XC) 1328 ASSAULT AGG.ASSLTTLEOfFIREEGT/EMS/ETC. 6 199401 2 316.193 (3XC)2 5404 DRUNK DRIVING. VEHICLE DULCAUSE SERIOUS BODILY MIRY 7 199401 3 893.135 (IXC) la 9571 DRUG TRAFFICKING TRAEF IIER ETC.4-U/14 GR 7 199401 1 810.02 (3XC) 2210 BURGLARY BURG/N/ASSLTIOCC.STRUCT. 6 199401 2 914.22 (IXA OR E) 8501 COURT PROCESS INTIMIDATE WITNESS 4 199510 3 800.04 (5)(CX2) 3624 SEXUAL BATTERY LA. MOLEST. 12-15 OFF 18+ 7 199910 2 825.103 (2XC) 3832 ABUSE EIDER EXPL ELDER/DISABLD LT $20K 6 199507 3 893.13 (2XA)2 9524 DRUG PURCHASE MARIJUANA-PUR/POSS WANT PUR I 199401 3 794.011 (5) 1129 MAYHEM SEX BAT/INJURY NOT LIKELY 8 199401 2 784.048 (3) 1341 ASSAULT AGG. STALK-CREDIBLE THREAT 6 199510 3 800.04 (6XB) 3626 LEWDNESS UL CONDUCTWI& OFF 18+ 6 199910 2 539001 (8)(B)8A 6252 FRAUD: BUSINESS FAISINE. TO PWNBRKR4300 1 199801 3 893.13 (6)(A) 9532 DRUG POSSESSION OPIUM-POSS U-SS/10 GRAMS 3 199510 3 893.135 (IXK)1A 9448 DRUG TRAFFICKING TRAFT. MDMA, PHEN 10-U1200 GR 7 200010 1 893.13 (IRA)? 9513 DRUG DEALING OTHDRUG-SALEIMANUEDELIV 3 199401 3 1/00.04 3601 LEWDNESS UL, INDEC. ASLT CHILD U/I 6 7 199401 2 893.13 (6XA) 9447 DRUG POSSESSION POSSESS MDMA 3 200010 3 893.13 (I)(A)1 9510 DRUG DEALING HERON-SALE,MANUE/DELIVER 5 199401 2 316.193 (3XC)3 8821 DRUNK DRIVING: VEHICLE DUI MANSLAUGHTER 8 199401 2 794.05 (I) 1137 LEWDNESS ADLT SEX W/16-17 YR OLD 6 199610 2 316.1935 (4) 4922 OBSTRUCTING AGG.FLEFJELUDE LEA 5 199810 2 777.03 (2XB-C) 7396 ACCESSORY ACCESSORY AFT. FACT-OTHER 98 199510 51 EFTA00188534