Florida is one of the states that has what’s commonly called a “truth in sentencing” law. That means, essentially, that people are required to serve most of their court-imposed sentence.
Florida’s truth in sentencing law, also known as the S.T.O.P. (Stop Turning Out Prisoners) Act, has been in place for three decades. It requires people sentenced to a state prison to serve at least 85% of their sentence before they can even be eligible for release. Even if they earn “gain time” based on good behavior, they still have to serve at least 85% of their sentence.
The arguments behind the law
Those who support the truth in sentencing (TIS) law argue that it can be very frustrating to juries, prosecutors, law enforcement and especially victims and their families when a person sentenced to serve years or decades behind bars is released considerably earlier than that.
Even worse is when someone commits another crime – particularly a violent one – after being released early. Advocates for the law say the rate of recidivism drops when people know they’ll have to serve most of their sentence if they’re convicted or plead guilty. Statistics showing a drop in crime and in recidivism since the law took effect in Florida lend some credence to that argument.
The ”three strikes” law and minimum mandatory sentences
The S.T.O.P Act, coupled with Florida’s minimum mandatory sentences for certain serious violent crimes, takes away a good deal of discretion from judges as well as other authorities to reduce people’s sentences.
For example, under Florida’s “three strikes” law, a person convicted of a felony offense who has two prior convictions for felonies in five years (or five years from their release from prison) must serve a mandatory minimum sentence for that third offense. The specifics of the three-strikes law depend on the seriousness of the offenses.
Laws like those discussed here are intended, as noted, to reduce recidivism and make people think carefully before committing a serious crime. They also take away discretion from judges, juries and those in the corrections system for cases that may require special consideration.
That’s one reason it’s crucial to do everything possible to avoid a conviction or at least get a charge reduced. That’s where getting experienced legal guidance as early as possible can make all the difference.