33-601.105. Restoration of Forfeited Gain Time

(1) For purposes of this rule, positive overall institutional adjustment means the inmate has adhered to the behavioral objectives referenced in Rules 33-601.101 and 33-601.210, Florida Administrative Code (F.A.C.), and has not received an internal security threat transfer during the review period. The review period for the initial eligibility determination by the classification officer is the preceding 12 months. The review period for the decision of the final approving authority is the entire term of the inmate’s current commitment. (2) All or any portion of gain time that has been forfeited during an inmate’s current commitment as a result of disciplinary action or revocation of probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release is eligible for restoration only when the restoration will produce the same or greater benefits as those derived from the forfeiture. Only those inmates who have established positive overall institutional adjustment during the review period are eligible for consideration of having their gain time restored. Restoration will only be considered when the inmate is serving the portion of his or her sentence that, but for the forfeiture of gain time, would have been completed. (3) Eligibility. (a) Restoration of gain time that is forfeited due to disciplinary action may be considered only when the following criteria are satisified: 1. A minimum of one year has elapsed since the inmate was found guilty of a disciplinary infraction. 2. The inmate is serving the portion of his or her sentence that, but for the forfeiture of gain time, would have been completed. 3. The inmate has established positive overall institutional adjustment during the review period. 4. An inmate will not be eligible for restoration of forfeited gain time if the inmate received a felony conviction for an offense that occurred during the inmates current commitment: 5. If an inmate is found guilty of one or more of the following disciplinary infractions that occurred during the inmate’s current commitment, he or she shall be eligible for consideration of restoration of the gain time forfeited for those specific disciplinary infractions only upon the approval of the Secretary or Secretary’s designee: