Williams v. Wasi

Appellant argues that the Department of Corrections (DOC) acted without authority in declaring his basic gain-time forfeited after he was returned to jail as a control release violator. Appellant does not dispute that the DOC had the authority to declare his incentive gain-time forfeited. We find no merit in his distinction between basic gain-time and incentive gain-time, holding that both may be subject to forfeiture by the DOC pursuant to section 944.28(1), Florida Statutes (1995).

Section 944.28(1) provides that when a control release violator is returned to jail, the DOC may revoke “all…