Are Provisional Credits Another Type of Gain Time That Can Be Forfeited Upon Violation of the Conditions of Release ?
In State v. Lancaster, 731 So. 2d 1227 (Fla. 1998), court held that the overcrowding credits known as administrative gain time and provisional credits were merely another type of gain time which could be forfeited upon violation of the conditions of release.
Court found that section 944.28(1), Florida Statutes (1989), provided the requisite statutory authority for this forfeiture, but only if the releasee's underlying criminal offense was committed on or after October 1, 1989 (the effective date of the amendments to the gain time forfeiture statutes adding probation to the circumstances permitting forfeiture).
Since Lancaster's underlying offense was committed prior to that date, the State could not forfeit his gain time without violating ex post facto principles. See U.S. Const. art. I, 9; Art. I, 10, Fla. Const.