EFTA00188492.pdf

NOV-27-2007 13:26 417a. PALM BEACH C( SHERIF RIC L. BRADSHAW, SHERIFF ALTERNATIVE CUSTODY IT FAX TRANSMITTAL COVER SHEET FTo: From: Department: CC: I P.01/05 o 6 % TA e t 8 0 6 P.erreP71 #1. .;;Se' ; q * V . . 4`TEs PEG( 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 F B 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 Putopt Saler, II —;(1O1O(O;11j 'LIA-VI/4W TAtIUJit.4 TATISTICS 11BLICATIONS Agency Strategic Plan 1998 - 2003 Appendix 5: top I previous 124 of 26 I next 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 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 2 of 5 921 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 http://dc.state.ifus/pub/asp/19982003/app5.html 9/21/2007 EFTA00188498 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 3 of 5 957.03 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 http://de.state.fl.us/pub/asp/19982003/app5.html 9/21/2007 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. (12-12-06) 33-603.201 Transfer of Inmates. (8-28-01) 33-603.401 Gain Time - Definitions. (4- 21-96) 33-603.402 Basic Gain Time. (3-24-96) 33-603.409 Cancellation of Administrative Gain Time and Provisional Credits. (4-17-94) 33-603.410 Credit for Time Served Following Apprehension in Another Jurisdiction. (3.30-96) 33-603.411 Warrants for Retaking Offenders. (1-06-94) 33.603.412 Actual Release Date. (2-26-80) 33-601.101 Use of Committed Name. (1)(a) In order to avoid conflicts in mailing and visiting privileges, as well as to assist inmates in making bank and canteen transactions and ensure timely delivery of legal documents, and to provide staff with a consistent means of inmate identification for security and daily institutional operation purposes, each inmate shall be recognized by the department under the name on the initial commitment under which the inmate was received. The committed name shall be obtained from the information or indictment page of the commitment package, not from the uniform commitment to custody cover sheet. For multiple cases imposed on separate dates, the committed name is the name on the information page of the commitment of the earliest imposed case. For multiple cases imposed on the same date, commitments are arranged according to service of the sentences or sequential order as directed by the sentencing court and the committed name is the name on the information page of the first imposed case as so designated. For multiple cages imposed on the same date where the order of sentencing cannot be determined, the cases are arranged numerically and the committed name is the name on the information page of the commitment with the lowest case number. This name shall be the inmate's official identification throughout the continuous incarceration of the inmate on that sentence or combined sentences and must be included on any official document sent or received by the inmate except as provided in (3) below. (b) The department shall register any known aliases on the inmate's record and shall also designate on the record which name is the inmate's true or legal name if this information is available. If an inmate's true or legal name is not the committed name, the inmate shall be permitted to use the true or legal name on documents and mall so long as the committed name and DC number appear first, followed by the true or legal name. (c) Legal Religious Names. 1. Upon request of an inmate to include a legal religious name to the inmate identification card, the warden or facility head shall forward the request and supporting documentation to the Office of the General Counsel for verification that the inmate's name has been legally changed for religious reasons through court order, birth certificate or other legally acceptable documentation. When verification is complete, the office of the General Counsel shall notify the warden or facility head in writing. 2. The institution or facility shall affix a label to the reverse side of the inmate identification card which bears the following: This is to certify that the legal religious name of inmate DCM is (INSERT LEGAL RELIGIOUS NAME) (Signature) warden or Facility Head, Name of Facility 3. A legal religious name change does not require that the department alter official records; the inmate's committed name shall be used for all department business. (d) Nothing in this rule prohibits issuance of an educational or vocational certificate in the inmate's true or legal name providing that the office issuing such certificate provides a photocopy of the certificate to be placed in the inmate's institutional file and such copy also reflects the inmate's committed name and identification number. (2) Incoming and outgoing mail shall be processed in accordance with rule 33-210.101 and 33-210.102. 603-1 EFTA00188502 CHAPTER 33-603 (3) An inmate who has litigation pending which was filed under a name other than the official name shall be responsible for notifying the institution or facility mailroom in writing of the name under which litigation is pending. Incoming legal mail addressed to an inmate under a name other than the official committed name shall be forwarded to the inmate if the inmate has notified the mailroom of pending legal actions under this name. If there is no record of ouch notification by the inmate, the mailroom shall request that the appropriate institutional office check the offender information for system identification of the addressee. If such effort fails to reveal proper identification, the mail shell be returned to the sender with appropriate notations that the addressee could not be identified. (4) An inmate who desires to have a document or documents notarized under a name other than the official committed name shall advise the notarizing officer in writing at least three working days prior to requesting such notarization. The notice shall specify the name under which the inmate plans to sign. The notary shall review the inmate's record to confirm that the name is a true or legal name or a known alias. If there is no record of the name in the institutional file, or the inmate cannot provide identification or documentation that the name is either his or her true or legal name, or that there is a legal action pending involving the inmate under such name, the officer shall not notarize the signature. Following production of such identification or documentation, the notary shall notarize the document and indicate the manner by which the inmate was identified. If the inmate has obtained a legal religious name change and wishes to have documents notarized under this name, the legal religious name affixed to an inmate identification card shall be sufficient for purposes of provision of notary services unless there is a reason to believe that the information has been forged or altered. Specific Authority 944.09 FS. Law Implemented 944.09 PS. History--New 9-30-93, Formerly 33.6.012. Amended 4.29-02, 5-20-03, 7-7.05, 12-12-06. 33-603.201 Transfer of Inmates. (1) For the purposes of this rule "traneferm shall mean the reassignment and SENTENCE STRUCTURE AND TANSPORTATION movement of inmates from one institutional facility to another. "Transfer, does not include such movement as may be required for the normal operations of the Department such as outside trips sponsored by religious, Jaycee and Alcoholics Anonymous grouse and tripe by work and maintenance crews. The institutional inmate record and all sub-files must accompany any inmate being routinely transferred between department facilities, except in emergency situations. In emergency situations medical records will be transferred with the inmate except that in emergencies such as the evacuation of a facility, the medical records will be boxed together with all records location and forwarded to institution(s) with the inmates or possible. In such emergencies, packaging of medical records is waived. The institutional inmate record shall also accompany the inmate unless the inmate's health and welfare would be jeopardized if the transfer were delayed for the amount of time required to obtain the record. Local procedures shall be established to ensure that appropriate facility staff have access to the institutional inmate record during weekends, holidays, and after normal business hours. Such procedures shall ensure that the security of the record is not compromised and that accountability for the record is maintained in the event that access is required other than during normal working hours. Following an emergency transfer, all other sub-files, such as the visiting record, educational record, property record, etc., shall be forwarded by the sending facility within 72 hours following the transfer. (2) In to ensure coordination in the operation of the transfer system, ensure the safety of the public, employees and inmates and to maintain proper security practices, a qualified officer must be in charge of each transfer. This rule shall also apply to work release centers except when inmate drivers are involved. (3) All Department employees transferring inmates shall be certified as Correctional Officers. Transfer officers must also comply with the specific requirements outlined in Chapter 316, Florida Statutes. (4) The transfer officer shall be' responsible for maintaining schedules approved by the Bureau of Sentence Structure and Transportation, supervising and going to one the receiving as soon as individual 603-2 EFTA00188503 CHAPTER 33-603 instructing additional personnel assigned, guarding inmates, maintaining order and discipline and ensuring the secure and safe custody of inmates being transferred. (S) The transfer vehicle must be maintained in accordance with the guidelines set forth in Chapter 316, Florida Statutes, and be properly fueled, serviced and determined to be mechanically safe to transfer inmates. The vehicle shall be equipped with radio communication. (6) The vehicle shall be thoroughly searched and all security features inspected prior to boarding any inmates. Continuing checks shall be made periodically by the transfer officer while en route. Vehicle inspection shall be conducted during the time the transfer vehicle is stopped prior to departing on or continuing a trip. (7) The transfer officer shall ensure that the transfer orders, commitment papers or other documents authorizing transfers are in order prior to the boarding of inmates. Each inmate must be properly identified by the transfer officer prior to assuming or relinquishing supervision and control of the inmate. The transfer officer shall verify the identity of law enforcement agencies and their representatives prior to releasing an inmate into their custody. (8) The transfer officer shall ensure that all inmates are searched prior to boarding the transfer vehicle. Searches shall be conducted by or under the direct supervision of the transfer officer when assistance is obtained from the institution. (9) The Chief Health officer may specify that an inmate who is mentally or physically ill be transferred separately from the general population inmates. In addition, if there is any indication that an inmate who is to be transferred is not in good physical or mental condition, the transfer officer shall secure the advice of the institution physician before beginning the trip. Transfer of an inmate who is ill or injured shall be undertaken based on the advice of the Chief Health Officer on duty. The Chief Health Officer shall determine if medical staff aro to accompany the inmate while being transferred. If he does decide that medical staff need to accompany the inmate, he must assign this staff. (10) In transferring any death row, close management, or disciplinary confinement inmate, or any inmate determined by the Chief of Security to be a high-rink inmate, the SENTENCE STRUCTURE AND TANSPORTATION following shall be required: (a) The inmate shall be restrained with handcuffs, waist chains with a C and 5 handcuff cover (black box), and leg irons and transferred in a secure caged vehicle. The driver shall be unarmed in order to handle inmates en route if necessary. (b) ' The transfer vehicle shall be accompanied by a trailing escort vehicle driven by a well-armed officer. "Well-armed" shall mean possession of a semiautomatic rifle or shotgun. (c) If several inmates are being transferred, the transfer vehicle shall have a second armed officer in attendance. (d) Communication between the two vehicles is essential and is required between both vehicles and the home station. (e) The Chief of Security or shift supervisor is authorized to make individual exceptions to the assignment of a trailing escort vehicle for close management III and disciplinary confinement inmates. (f) The reception centers shall be authorized to transport close management I, II, and III inmates in the secure caged area within a specially designed secure transfer bus without the necessity of a trailing escort vehicle. (g) Protective management inmates shall not be routinely transported on reception center transfer buses. (h) Specific written instructions will be provided from the transportation section of the Bureau of Sentence Structure and Transportation. (11) The transfer officer shall conduct a head count of inmates prior to departure and maintain continuing checks while en route and upon arrival at the receiving institution. (12) If more than one officer is assigned to the transfer trip, at least one officer shall remain with the vehicle to provide supervision during stops. When there is only one officer, the vehicle must be parked in such a way that supervision can be provided for the vehicle and all inmates departing the vehicle. If stops occur within the secure confines of an institution and inmates remain on board the vehicle, the vehicle shall be parked so that the institution can provide proper supervision before the transfer officer leaves the vehicle. (13) Manpower requirements shall vary depending upon the mode of transfer, the 603 3 EFTA00188504 CHAPTER 33-603 distance to be traveled and the typo and number of inmates. Each situation must be thoroughly evaluated by Chief of Security or shift supervisor prior to departure and appropriate personnel assigned. A minimum of one armed correctional officer shall be assigned when there are close custody inmates to transfer except when special approval is received from the Director of Institutions. At all times, there must be at least one officer of the same sex as that of the inmate present during the transferring of medium, close, or maximum custody inmates. There shall be no gender restrictions regarding the transfer of community or minimum custody inmates. Community or minimum custody inmates do not require restraints unless they are being transferred with close custody inmates or pose a security risk; however, there shall be an adequate number of officer escorts to provide appropriate supervision. (14) Standard restraint equipment for the normal situation will be handcuffs and a restraint chain. Except as specifically outlined below, additional restraints, such as waist chains with a C and $ handcuff cover (black box) and leg irons, shall be necessary when transferring death row and close custody inmates, inmates who are extreme escape risks, inmates with serious assaultive tendencies, or any inmate determined by the Chief of Security to be a high security risk. Being legally responsible for the custody of inmates, the transfer officer in charge has the authority to apply restraints to community custody inmates and additional restraints to medium or minimum custody inmates when he or she determines that such is necessary to ensure security. (a) When inmates are transferred within the state from one secure perimeter to another secure perimeter and a specially designed secure transfer bus is used, inmates may be restrained with leg irons only. Death row, close management, and high-risk inmates will require restraints as noted in (10) above during any transport. (b) Each medium custody inmate who is not being transferred from one secure perimeter to another secure perimeter in a specially designed secure transfer bus shall be restrained with a minimum of handcuffs. Close custody inmates will require a waist chain with a C and S handcuff cover (black box) and leg irons under these circumstances. The restraints shall be applied prior to SENTENCE STRUCTURE AND TANSPORTATION leaving the secure perimeter. The restraints shall not be removed until the inmate is returned to a secure perimeter unless circumstances require their removal, that is, federal appearances or medical visits. (c) Use of restraint equipment, except for death row inmates, will not be required at Reception Centers for any transport on state property provided that a specially designed secure transfer bus is used: i.e., from a Reception Center Main Unit to a Reception Center annex that is not separated by property not belonging to the Department of Corrections. (d) During any transport, the level of restraints applied will be commensurate with the highest custody grade being transported. (e) During prenatal and postpartum periods, female inmates will not be restrained with their hands behind the beck nor will leg irons be utilized due to the possibility of a fall. Waist chains with the C&S handcuff cover (black box) will not be worn when there is any danger of causing harm to the inmate or fetus. (f) Female inmates, when being transferred on the same vehicle as male inmates, shall be physically separated from the male inmates by security screens and other security measures. (g) All restraint equipment shall be double locked. (h) An inmate shall not be handcuffed behind his or her back or handcuffed to a stationary object in a moving vehicle. (i) A reasonable number of stops shall be made in order for inmates to utilize toilet facilities. Proper security shall be provided inmates when utilizing toilet facilities on or off the transfer vehicle. (15) An Electronic Restraint Belt may be used in cases involving high profile transports outside the secure perimeter of an institution where in the judgment of the security staff the use of the belt is warranted. Prior to usage of the Electronic Restraint Belt, written, signed approval must be obtained from the Office of Institutions, Bureau Chief of Security Operations. (16) Because the carrying of firearms in the transferring of inmates is extremely hazardous, in those instances where it is advisable for firearms to be carried, such equipment must be kept in a secure place or on the person of an officer who will not 603-4 EFTA00188505 CHAPTER 33-603 come in direct contact with an inmate during the entire trip. Firearms shall not be carried by any of the escorting officers while in a car, plane or train unless the inmate is securely restrained and positive precautionary measures have been taken that will preclude contact between inmates and the armed officer. Use of firearms shall be in accordance with Rule 33-602.210, F.A.C. (17) If an inmate escapes while being transferred, the transfer officer shall exhaust all resources immediately available to him in apprehending the inmate and then take immediate action to contact the nearest law enforcement agency. As soon as possible, the transfer officer shall notify his supervisor of the escape and give an oral report of the incident. When the local law enforcement agency no longer requires assistance, the transfer officer shall continue with his duties. Under no circumstances shell supervision of other inmates be relaxed in order to pursue an escaping inmate. (18) Transfer by Commercial Airlines. Transfers via airlines shall be coordinated by the Bureau of Sentence Structure and Transportation. The Bureau of Sentence Structure and Transportation shall maintain liaison with the airlines and formulate standard operating procedures in accordance with Federal Aviation Agency and airline regulations. (19) Private Transport Companies. The Department is authorized to contract with private transport companies for the transfer of prisoners both within and beyond the limits of this state. (a) The transport company shall take the prisoner into custody for the purpose of transferring the prisoner to the proper law enforcement official within or beyond the limits of this state. (la) The Department shall include, but not be limited to, the following requirements in any contract with a private transport company: 1. Any private transport company transferring an inmate shall be considered an independent contractor and shall be solely liable for the inmate while he is in the custody of that company. 2. The transport company shall maintain adequate liability coverage with respect to the transferring of inmates. 3. Personnel employed with the transport company who are based in Florida SENTENCE STRUCTURE AND TANSPORTATION shall meet the minimum standards of a correctional or law enforcement officer in accordance with Chapter 943.13, Florida Statutes. Personnel who are based outside Florida shall meet the minimum standards of a correctional officer or law enforcement officer in the state where the employee is based. 4. Transfer officers who are based in Florida shall comply with the specific requirements contained in Chapter 316, Florida Statutes. Transfer officers who are based outside of Florida shall comply with the legal driving requirements of the state in which they are based. S. Each transfer vehicle operated by the transport company must be maintained in a condition meeting the specific requirements of Chapter 316, Florida Statutes, and be mechanically safe to transfer inmates. Transfer vehicles used outside the State of Florida must be maintained in a condition meeting the specific requirements of that state. 6. The transport company shall adhere to standards which provide for humans treatment of inmates while in the custody of that company. 7. The transport company shall submit reports to the Department regarding incidents of escape, use of force, abuse, and accidents involving inmates in the custody of the transport company within 24 hours of the incident. Failure to report incidents, falsification of reports, coercing or attempting to coerce others not to report or to falsify reports may result in appropriate criminal penalties and cancellation of the contract. 8. The transport company shall hold a Class 'IP licence pursuant to Chapter 493, Florida Statutes, and any employee of the company shall hold a Class *Jr and Class "0" license pursuant to Chapter 493, Florida Statutes. 9. Correctional administrators will refuse to release death row, close custody, or other high-risk inmates to a private transport company or other law enforcement agencies that do not have an armed officer assigned or who do not provide a secure vehicle for transport. In these situations, the institution will: a. Refuse to release the inmate and advise the transport company or law enforcement officer to stand by. 603-S EFTA00188506 CHAPTER 33-603 b. Contact the Population Management section of the Bureau of Sentence Structure and Transportation during normal working hours. c. On weekends, holidays, or after normal working hours, contact the Emergency Action Center which will notify appropriate central office staff. d. Population management staff will contact the on duty supervisor for the private transport agency or law enforcement agency involved and advise him or her of the specific concern. This will be documented and the results of this contact relayed to the involved institutional staff providing specific directions regarding release. Specific Authority 944.09 FS. Law Implemented 944.09 PS. History--New 7-12-86, Amended 5-21.92, 1-06-94, 2-12-97, 11-8-98, Formerly 33-7.009, Amended 8-28-01. 33-603.401 Gain Time Definitions. (1) Basic Gain Time.-deductions from sentence determined by length of sentence and awarded in a lump sum upon commitment to the department. (a) An inmate whose offense occurred prior to July 1, 1978, will have basic gain time deducted in accordance with s. 944.27 P.S. (1977). (b) An inmate whose offense occurred on or after July 1, 1978, and if eligible by law, will have basic gain time deducted in accordance with s. 944.275, P.S. (1983). (2) Incentive Gain Time--Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities. (a) Inmates convicted of offenses occurring prior to January 1, 1994 shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to 33-601.101(3), except as provided in 33- 601.101(1). (b) Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level from B through 10 of the sentencing guidelines offense severity chart (921.0012 N.S.) shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to 33-601.101(3), except as provided in 33-601.101(1). (c) Inmates convicted of offenses SENTENCE STRUCTURE AND TANSPORTATION committed on or after October 1, 1995 shall be eligible to receive up to 10 days of incentive gain time per month, except as provided in 33-601.101(1). (d) Inmates sentenced as violent career criminals for offenses committed on or after October 1, 1995 shall be eligible to receive up to 5 days of incentive gain time per month, except as provided in 33- 601.101(1). (3) enhanced Incentive Gain Time-- Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities. Inmates convicted of offenses occurring on or after January 1. 1994 which fall within level 1 through 7 of the sentencing guidelines offense severity chart (921.0012 F.S.) are eligible to receive up to 25 days of enhanced incentive gain time per month, pursuant to 33-601.101(3), except as provided in 33- 601.101(1). (4) Meritorious Gain Time--Any inmate who performs an outstanding deed, such as saving a lite or assisting in recapturing an escaped inmate, or who in some manner performs an outstanding service that would merit the granting of additional deductions from his sentence length, may be awarded meritorious gain time. (5) Performance Ratings for Incentive Gain Time. The following ratings are based on behavioral objectives as sot forth in rule 33-601.101(3)(a)l. and 2. (a) "Unsatisfactory* --The inmate failed to moat a behavioral objective during the month. (b) •Satisfactory--The inmate met all behavioral objectives during the month. (c) •Above Satisfactory"--The inmate met all behavioral objectives during the month and exceeded what is required to comply with one or more of the behavioral objectives. Specific Authority 944.09, 944.275 PS. Law Implemented 944.09, 944.275 PS. History--New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.035, Amended 4-17-94, 1-4-95, 3-24-96, 4-21-96, Formerly 33-11.0035. 33-603.402 Mamie Gain Time. The Department of Corrections will award deductions from a sentence in the form of basic gain time to encourage satisfactory inmate behavior. 603-6 EFTA00188507 CHAPTER 33-603 (1) Ineligibility. (a) No inmate shall be eligible to receive or accumulate basic gain time: 1. For the mandatory minimum portion of a sentence imposed pursuant to s. 775.087(2), P.S. for an offense committed on or after October 1. 1976 involving use or possession of a firearm, machine gun, or destructive device as defined in s. 775.087, P.S.; 2. For the minimum portion of a sentence imposed pursuant to e. 893.13(1)(e), P.S. (1989) for a specified drug-related offense committed on or after June 27, 1989 but prior to January 1, 1994, in, on, or within 1,000 feet of a school; 3. If sentenced as a habitual felony offender or a habitual violent felony offender under s. 775.084 (4). F.S. for an offense which occurred on or after October 1, 1980; or 4. if sentenced under s. 893.13(1)(1) 1, P.S. (1991) for a specified drug-related offense committed prior to January 1, 1994 in, on, or within 200 feet of real properties described in S. 893.13, P.S.; 5. If serving a sentence with no definite term; that is, a life sentence or death sentence. 6. For the period of time remaining in any treatment program placement term imposed under e. 953.11 F.S. 7. If sentenced for any degree of sexual battery specified under s. 794.011 PS for a crime committed on or after October 1, 1992; 8. If serving a sentence for a crime committed on or after January 1, 1994. (b) An inmate shall not be eligible for basic gain time in an amount which would cause a sentence to expire prior to such inmate having served the minimum or mandatory minimum portion of a sentence imposed pursuant to: 1. S. 775.0823, F.S. for specified crimes committed prior to January 1, 1994 against a law enforcement or correctional officer or other officer defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9), or any state attorney, or assistant state attorney on or after January 1, 1990, or against a judge or justice of a court described in Article I of the State Constitution on or after October 1, 1990; 2. S. 775.0875(1) P.S. for taking a firearm from a law enforcement officer while such officer was lawfully engaged in SENTENCE STRDCTORS AND TANSPORTATION law enforcement duties in those instances where the offense was committed prior to January 1, 1994. (c) An inmate shall not be eligible for basic gain time in an amount which would cause a sentence to expire prior to such inmate having served the period of time for which the court has retained jurisdiction pursuant to a. 947.16(4) P.S. (2) Eligibility. Except for sentences of 11fo or death, or sentences imposed for offenses committed on or after January 1, 1994, basic gain time credit will be awarded to all other cases unless specifically prohibited by applicable law. (3) How credited. Basic gain time shall be calculated at the rate specified by law according to the date of offense and shall be based on the length of the sentence imposed. A portion of a month will be prorated on the basis of a 30-day month. Portions of any sentences to be served concurrently shall be treated as a single sentence when determining basic gain time. (a) For offenses committed prior to July 1, 1978, basic gain time shall be awarded in the amount of 5 days per month for the first and second yearn of the sentence, 10 days per month for the third and fourth years of the sentence and 15 days per month for all succeeding years of the sentence, pursuant to 5 944.27 (1977), P.S. (17) For offenses committed on or after July 1, 1978, but before January 1, 1994, basic gain time shall be awarded in the amount of 10 days for each month of the sentence imposed, pursuant to s. 944.275, P.S. (c) In order to establish an initial tentative release date, basic gain time awards are made in a lump sum upon entry into the department's custody. For inmates serving a sentence with a minimum term as described in subparagraph (1)(a) 1. and 2., the lump sum award of basic gain time is limited to that portion of the sentence or sentences which exceeds the minimum term. Specific Authority 794.011(7), 944.09, 944.275 FS. Law Implemented 794.011(7), 944.09, 944.275 PS. History -- New 2-26-80, Formerly 33-11.045, Amended 1-12-83, 1-31-85, 4-28-87, 12-18-88, 10-14-91, 3-23.93, 4-17- 94, 3-24-96, Formerly 33-11.0045. 33-603.409 Cancellation of Administrative Gain Time and Provisional credits. Effective June 17, 1993, any inmate 603-7 EFTA00188508 CHAPTER 33-603 serving a sentence or combined sentences where one or more days of administrative gain time or provisional credits have been applied, shall have all such awards cancelled, and release dates of such offenders shall be extended accordingly. Other conditions under which previously awarded administrative gain time or provisional credits shall be cancelled when a release date is reestablished are as follows: (1) Upon revocation of any post- release supervision program; (2) Upon recapture following escape; (3) Upon return from release on bond; (4) Upon determination that an inmate's release date was not calculated in accordance with case law or statute. Specific Authority 944.278 FS. law Implemented 944.278 FS. History - New 4-17- 94, Formerly 33-11.019. 33.603.410 Credit for Till.. Served Following Apprehension in Another Jurisdiction. An escapee or an absconder from supervised community release or provisional release supervision shall be eligible for credit for time served following apprehension in another jurisdiction as follows: (1) If the offender is being held solely on the Department of Corrections' warrant, credit will be applied from the date of arrest. However, if the offender refuses to waive extradition, credit will be stopped on the date of such refusal and will not resume until the offender is taken into custody by agents of the department, or the offender subsequently signs a waiver of extradition. (2) An offender who is arrested and charged with crimes committed in an out- of-state jurisdiction shall not be eligible for credit for time served on the Florida sentence until such additional charges are disposed of and the offender is being held solely on the department's warrant. In such instances, credit shall be allowed from the date of disposition of local charges. (3) If the offender is bondable on the out-of-state charges, credit may be applied from the date of arrest upon receipt of appropriate documentation that ouch offenses were bondable. Specific Authority 944.09, 944.275 PS. law Implemented 944.09, 944.275 PS. History--New SENTENCE STRUCTURE AND TANSPORTATION 3-30-95, Formerly 33-3.0106. 33-603.411 Warrants for Retaking Offenders. (1) When an offender escapes from custody or absconds from a rehabilitative community reentry program prior to satisfaction of the sentence or combined sentences, or if it is determined that an offender was released in error, or if it is subsequently determined that the offender was statutorily ineligible for release, the Secretary of the Department or the secretary's designated representative shall issue a warrant for retaking such offender into custody to serve the remainder of such sentence or combined sentences. The warrant issued shall: (a) Be in writing and in the name of the Department of Corrections; (b) Command that law enforcement officials take the offender against whom the warrant is issued into custody and hold him until such time as proper arrangements can be made for the return of the offender to the department; (c) Specify the name of the offender to be apprehended, the date of escape, date of absconding from supervision, or the date on which the offender was released in error, the date the offender was sentenced to incarceration in the department, the county of sentence, the term of sentence; and (d) Dear the seal of the Department of Corrections. (2) An offender who is arrested as provided in subsection (1) above is ineligible for bond, bail, or release on his own recognisance. (3) The issuance of a warrant pursuant to this rule does not negate or interfere with the right to issuance of a warrant under any other provision of law, nor will it interfere with any charges or court proceeding pending against the individual in any other jurisdiction. (4) A warrant issued by the Department shall be in effect until the inmate has been returned to the custody of the Department, or until the sentence being served by the inmate is deemed satisfied, whichever occurs first. (5) The following procedures shall be followed in cases of offenders who were released in error or were subsequently determined to be statutorily ineligible for 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 • Record the date the sentence was imposed 2. Scoresheet Preparer • Indicate the first and last name of the slate attorney who prepared the scoreshect. 3. County ■ Record the name of the county where the sentence is imposed. In instances of a change of venue, record the county that received the case. 4. Sentencing Judge • Record the full name of the judge imposing sentence. 5. Name ■ Record the offender's legal name used at the time of sentencing. Record the name using the following format: last name, first name, middle initial. Do not record aliases. 6. Date of Birth ■ Record the offender's date of birth. 7. DC Number ■ Record the six digit number assigned by the Department of Corrections if available. 8 8. Race ■ Check the appropriate box to note the race of the offender. Use the following criteria: (B) Black - a person having origins in any of the black racial groups of Africa. (W) White - a person having origins in any of the original peoples of Europe, North Africa or the Middle East. * (Other) - a person having origins in any of the original peoples of the Far East, southeast Asia, Indian subcontinent, Pacific Islands, or any of the original people of the Americas, including Native Americans or Alaskan natives. 9. Gender • Check the appropriate box to indicate the gender of the offender. 10. Primary Offense Date • The date of the "primary offense" pending before the court for sentencing. If the primary offense involves dates of continuing enterprise, record the date the criminal activity commenced. 11. Primary Docket Number • The felony court case number of the primary offense before the court for sentencing. Only one case number can be utilized as only one count of one case before the court for sentencing shall be classified as the primary offense. EFTA00188511 12. Plea or Trial • Check whether the adjudication of the offenses at conviction was obtained by plea or trial. If convictions were obtained by both plea and trial, enter a check mark in the trial field. 13. Primary Offense "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. All other offenses, including multiple counts of the same offense scored as the primary offense, are to be listed as 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 operation of multipliers for drug trafficking, grand theft motor vehicle (with the requisite prior record) violations of the Law Enforcement Protection Act, Street Gang and Domestic Violence. The Felony Degree, Florida Statute, Description and Offense Level shall be recorded in the appropriate field of Section I. The points assigned to the severity level of the offense are entered in the space indicated on the scoresheet. An offense before the court as a result of a finding of violation of a community sanction is the primary offense if the original charge 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 under any single version of the guidelines, revision of the guidelines or punishment code. This is in accordance with sections 775.082 (8), 921.0021(1), 921.0021(4) and 921.0024(3), Florida Statutes. 9 Prior Capital Felony Points/Primary Offense if the offender has one or more prior capital felonies in the offender's criminal record, points shall be added to the subtotal sentence points of the offender equal to twice the number of points the offender receives for the primary offense. This is recorded by checking the box in Section I and multiplying the Section I subtotal by 3 (three). A prior capital felony in the offender's criminal record is a previous capital felony offense for which the offender has entered a plea of nolo contendre or guilty or has been found guilty, or a felony in another jurisdiction which is a capital felony in that jurisdiction, or would be a capital felony if the offense were committed in this state. 14. Additional Offenses 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. The severity level of each additional offense must be known in order to score it. Multiple counts of the same offense can be listed on a single line with the points indicated for that severity level multiplied by the number of counts. The resulting points are recorded in the fields in the right hand column. Misdemeanors are scored at the level "M" regardless of degree. A supplemental page is available for additional offenses if the available lines are not sufficient for all additional offenses. An offense before the court as a result of a finding of violation of a community sanction is an additional offense if the original charge total sentence points do not 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 EFTA00188512 sentencing under any single version of the guidelines, revision of the guidelines or punishment code. This is in accordance with sections 775.082 (8), 921.0021(1), 921.0021(4) and 921.0024(3), Florida Statutes. Prior Capital Felony Points / Additional Offense If the offender has one or more prior capital felonies in the offender's criminal record, points shall be added to the subtotal sentence points of the offender equal to twice the number of points the offender receives for the additional offense(s). This is calculated by checking the box in Section If and multiplying the Section II subtotal by 3 (three). A prior capital felony in the offender's criminal record is a previous capital felony offense for which the offender has entered a plea of nolo contendre or guilty or has been found guilty; or a felony in another jurisdiction which is a capital felony in that jurisdiction, or would be a capital felony if the offense were committed in this state. Prior capital felonies shall not be scored in the prior record section. 15. Attempts, Conspiracies, Solicitations and Reclassifications Criminal attempts, criminal solicitations and criminal conspiracies are generally scored one level below the severity level of the completed offense. Where a criminal attempt, solicitation or conspiracy is separately ranked in section 921.0022, Florida Statutes, the severity level at which the inchoate offense is placed is the basis for scoring. Where the inchoate version of an offense is required to be punished as if the offender had committed the prohibited act, score it at the same level as the completed crime. Conspiracy to commit drug trafficking under section 893.135(5), Florida Statutes, or conspiring 10 to commit bookmaking under section 849.25(4), Florida Statutes, or attempting, soliciting or conspiring to kill or commit aggravated abuse upon registered horses or cattle 828.125(2), Florida Statutes, are examples of legislative intent to punish the inchoate versions of an offense the same as the completed offense. 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 offense severity levels 3, 4, 5, 6, 7, 8, 9, and 10 must be scored as felonies one offense level beneath the incomplete or inchoate offense. 16. Victim Injury "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 (section 921.0021(7) (c) (d), Florida Statutes) the sexual penetration and sexual contact points will be scored as follows. Sexual penetration points (80) are scored if an offense pending before the court for sentencing involves sexual penetration. Sexual contact points (40) 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 separately and in addition to any points scored for the sexual contact or sexual penetration. Victim injury must be scored for each EFTA00188513 victim physically injured and for each offense resulting in physical injury whether there are one or more victims. Multiple assessments of the same level of victim injury may be scored by multiplying the appropriate level of injury by the number of counts seoreable. However, victim injury must not be scored for an offense for which the offender has not been convicted. If the offense at conviction is a second degree murder, 240 points are to be scored for the death. All other deaths are to receive 120 points as victim injury. 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 does not prohibit the scoring of victim injury as a result of the non-capital offense or offenses before the court for sentencing. 17. Prior Record "Prior record" refers to any conviction for an offense committed by the offender prior to the commission of the primary offense. "Conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. Prior record includes convictions for offenses committed by the offender as an adult or 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. The elements of an out-of-state offense are to be the sole consideration for determining an analogous crime 11 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. 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 from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of commission of the primary offense. 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. 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. 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 EFTA00188514 misdemeanor. When the degree of felony is ambiguous or the severity level cannot be determined, the conviction must be scored at severity level I. 18. Legal Status Violations "Legal status points" are assessed when an offender: Escapes from incarceration; flees to avoid prosecution; fails to appear for a criminal proceeding; violates any condition of a supersedeas bond; is incarcerated; is under any form of a pretrial intervention or diversion program; or 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. 19. Violating the Conditions of a Community Sanction Community sanction violation points occur when the offender is found to have violated one or more conditions of a community sanction. Community sanctions include probation, community control or pretrial intervention or diversion. Community sanction violation points are assessed when a community sanction violation is before the court for sentencing as a primary or additional offense. Six community sanction violation points must be assessed for each violation or if the violation results from a new 12 felony conviction, 12 community sanction violation points must be assessed. Where there are 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. 20. Prior Serious Felony Points 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 (under sections 921.0022 or 921.0023, Florida Statutes) 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. Possession of a Firearm, Semiautomatic Weapon or Machine Gun 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), EFTA00188515 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 or her possession a semiautomatic firearm as defined in subsection 775.087(3), Florida Statutes, or a machine gun as defined in subsection 790.001(9), Florida Statutes. Only one assessment of either 18 or 25 points can be made. Firearm points may not be assessed where the possession of the firearm is necessary in order for the underlying felony to exist. In other words, if the offense is possession of a firearm by a convicted felon or carrying a concealed firearm, the additional points should not be assessed. Also, if the offense is one of those enumerated in section 775.087 (2) or (3), Florida Statutes, firearm points may not be assessed. 21. Subtotal Sentence Points "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. 22. Sentencing Enhancements If the primary offense is drug trafficking under section 893.135, Florida Statutes, ranked in offense severity level 7 or 8, the subtotal sentence points may be multiplied, at the discretion of the sentencing court, by a factor of 1.5. If the primary offense is a violation of the Law Enforcement Protection Act under subsections 775.0823(2), Florida Statutes, the subtotal 13 sentence points are multiplied by 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 2.0. If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823(9) or (10), Florida Statutes, or section 784.07(3), Florida Statutes, or section 775.0875(1), Florida Statutes, the subtotal sentence points are multiplied by 1.5. 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. If the Offender is convicted of the primary offense and committed the offense for the purpose of benefiting, promoting, or furthering the interests of a criminal street gang under section 874.04, Florida Statutes, of the commission of the primary offense, the subtotal sentence points are multiplied by 13. 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. 23. Total Sentence Points "Total sentence points" are the subtotal sentence points or the enhanced subtotal sentence points. Do not add the subtotal sentence points and the enhanced subtotal points to arrive at total sentence points. 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 EFTA00188516 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 exceed 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. 24. Mandatory Minimum Sentence 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 will apply. Mandatory minimum sentences must be recorded on the scoresheet. 25. Split Sentence 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. 26. Revocation of Supervision Sentences imposed after revocation of probation or community control must be imposed pursuant to the sentencing law applicable at the time of the commission of the original offense. 27. Departures Any downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to section 921.0024, Florida Statutes, is prohibited unless there are circumstances or factors that reasonably justify the downward departure. Mitigating circumstances or factors that can be considered include, but are not limited to, those listed in subsection 921.0026(2), Florida Statutes, and attached in Appendix D. 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. 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 does not prohibit the scoring of victim injury as a result of the non-capital offense or offenses before the court for 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 offense severity levels 3, 4, 5, 6, 7, 8, 9, and 10 must be scored as felonies one offense level beneath the 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 from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the 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 results from a new felony conviction, 12 community sanction violation points must be assessed. Where there are 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 or her possession a semiautomatic firearm as defined in subsection 775.087(3), Florida Statutes, or a machine gun 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 severity level 7 or 8, the subtotal sentence points may be multiplied, at the discretion of the sentencing court, by a 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 FELONY DEGREE 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 1. COUNTY 4. SENTENCING JUDGE NAME • DC O SAO S. NAME (LAST. FIRST.MIL) 6. DOB S. RACE 10. PRIMARY OFF. DATE 12. NIB • W OWNER PLEA • TRIAL O 7. DC a 9. GENDER OM OF II. PRIMARY DOCKETS I. PRIMARY OFFENSE: If Oualiber, please check _A C R (A=Attempi, S.Solicitation. C.Conspiracy, R=Reclassi(CatIon) OFFENSE POINTS LEVEL F.S.0 DESCRIPTION / / / (Levet - Points: 1=4, 2=10. X16, 4=2Z 5=28, 6.38. 7=60, 6=74, 9=92, 10= 116) 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 DESCRIPTION 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) Prior capital felony triples Additional Offense points O Supplemental page pOintS O O O O x O K El_ III. VICTIM INJURY: Number Total Number Total 2nd Degree Murder 240 x Sight 4 x 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 DEGREE LEVEL A SCR OOOO OOOO OOOO OOOO OOOO OOOO OOOO (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 NUMBER POINTS TOTAL 23 X x x X IV. Page 1 Subtotal: EFTA00188525 Page 1 Subtotal: I. Legal Status violation = 4 Points VI. Community Sanction violation before the court for sentencing 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 VIII. Prior Serious Felony • 30 Points Subtotal Sentence Points IX. Enhancements (only if the primary offense quark's for enhancement) VI. VII. law 010.0Miefil Nellabn Dew Tiarekkag Gran! TM„ %Iola VV Sbed Cwg Perk Whenol ilaftwees COlurilitel Co et stet MIA?) X 1.6 x 1.5 _ 1.5__x 2 2.6 x 1.5 x 1.5 x1.5 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 K State Prison K Life K County Jail K Time Served K Community Control K Probation Please check If sentenced as K habitual offender. ❑habitual violent offender, K violent career criminal, K prison releasee reoffender, or a K mandatory minimum applies. K Mitigated Departure K 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 DEGREE DESCRIPTION 0000 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) OFFENSE QUALIFY COUNTS LEVEL A SCR K K K K POINTS POINTS x x a IV. PRIOR RECORD FELIMM F.81 OFFENSE QUALIFY: DESCRIPTION NUMBER POINTS TOTAL DEGREE LEVEL A S C R O O O O x = / KKKK x = O O O O X = / KKKK x = / KKKK 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) K Legitimate. uncoerced plea bargain. K The defendant was an accomplice to the offense and was a relatively minor participant in the crinkle! conduct. K 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. K 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 K The need for payment of resthugon 10 the victim outweighs the need for a prison sentence. K The victim was an Initiator, willing participant, aggressor, or provoker of the incident. K The defendant acted under extreme duress or under the domination of another person. K Before the klentiry of the defendant was determined. the victim was substantially compensated. K The defendant cooperated with the State to resolve the current offense or any other offense. K The offense was committed In an unsophisticated manna( and was an Isolated Incident for winch the defendant has shown remorse. K At the time of the offense the defendant was too young to appreciate the consequences of the offense. K 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) (B) (C) (0 ) (E) A felony of the third degree within offense level 1. A felony of the second degree within offense level 4. A felony of the first degree within offense level 7. A felony of the first degree punishable by life within offense level 9. 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 Statute Felony 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. • 2 9 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 Statute Felony 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 of an 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 Statute Felony 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. 56 S21(8O)I. 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 Statute Felony 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 of human 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 Statute Felony 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 of mass destruction while committing or attempting to commit a felony. 796.03 2nd Procuring any person under 16 years for prostitution. 80 S(5Xc)1. 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 at less than $50,000, grand theft in 2nd degree. t 7.11 4(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 of material 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 LEVEL EFFECTIVE (YYYYMMI FELONY DEGREE 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 .12 OFF 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 (I XA 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