Florida Statute 944.291 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

View Entire Chapter

F.S. 944.291

944.291 Prisoner released by reason of gain-time allowances or attainment of provisional release date.—

(1) Notwithstanding any provision of law to the contrary, a prisoner who has served his or her term or terms, less allowable gain-time deductions as provided by law, or who has attained his or her provisional release date shall, upon release, be placed under further supervision and control of the department. Any released prisoner who is not under further supervision and control of the department or who is not subject to any statute relating to parole shall be eligible, on a voluntary basis, for any assistance available to him or her through any parole or probation office under the department.

(2) Any prisoner who is convicted of a crime committed on or after October 1, 1988, which crime is contained in category 1, category 2, category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who has served at least one prior felony commitment at a state or federal correctional institution, or is sentenced as a habitual or violent habitual offender pursuant to s. 775.084, may only be released under conditional release supervision as described in chapter 947. Not fewer than 90 days prior to the tentative release date or provisional release date, whichever is earlier, the department shall provide the commission with the name and inmate identification number for each eligible inmate.

History.—s. 1, ch. 67-421; s. 21, ch. 74-112; s. 50, ch. 77-120; s. 1, ch. 78-223; s. 59, ch. 79-3; s. 1, ch. 81-229; s. 10, ch. 88-122; s. 7, ch. 89-531; s. 1645, ch. 97-102.

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Amendments to 944.291

Arrestable Offenses / Crimes under Fla. Stat. 944.291

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.291.

Annotations, Discussions, Cases:

Cases Citing Statute 944.291

Total Results: 20

Hull v. Moore

Court: Fla. Dist. Ct. App. | Date Filed: 2001-07-24T00:53:00-07:00

Citation: 790 So. 2d 560

Snippet: by the number of days of gain time awarded. § 944.291(2), Florida Statutes (1989, 1991); Duncan v. Moore

Andrews v. Florida Parole Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-18T00:00:00-07:00

Citation: 768 So. 2d 1257

Snippet: month sentence was subject to provisions of § 944.291, Fla. Stat. which dictate that the inmate shall…imposed by the court. Although DOC under section 944.291 is required to provide the Commission with the …the basic gain-time statute. A related section, 944.291, restricts release of certain offenders by providing…release as prescribed by section 947.1405. Section 944.291 also requires DOC to certify to the Commission

Duncan v. Moore

Court: Fla. | Date Filed: 2000-03-22T23:53:00-08:00

Citation: 754 So. 2d 708

Snippet: gain time, he will be released from prison. See § 944.291(2), Fla. Stat. (1999). Nevertheless, as we have…release"); see also §§ 947.1405, 944.28(1), 944.291(2), Fla. Stat. (1999); Lincoln v. Florida Parole…satisfactorily completed. See §§ 947.1405, 944.28(1), 944.291(2), Fla. Stat. (1989-1999). It has long been accepted

Rivera v. Singletary

Court: Fla. | Date Filed: 1998-02-18T23:53:00-08:00

Citation: 707 So. 2d 326

Snippet: has broad authority under sections 947.1405,[3] 944.291(2)[4] and especially section 947.141,[5] to either…be released under supervision.... [4] Section 944.291(2), Florida Statutes (1991), provides in pertinent

Dowdy v. Singletary

Court: Fla. | Date Filed: 1998-01-07T23:53:00-08:00

Citation: 704 So. 2d 1052

Snippet: have completed his sentence in full.[[1]] See § 944.291, Fla. Stat. (1987). Receipt of gain-time is dependent…decision in Green was based on sections 944.28(1) and 944.291, Florida Statutes (1987). The 1987 version of section…at 2690 (providing for effective date). Section 944.291, Florida Statutes (1987), was also one of the bases…At the time of Green's forfeiture, section 944.291, Florida Statutes (1987), provided that a prisoner…122, § 10 at 538-39, Laws of Fla. (codified at § 944.291, Fla. Stat. (Supp.1988)); id. § 92 at 572 (providing

Davis v. State

Court: Fla. | Date Filed: 1997-06-05T00:53:00-07:00

Citation: 698 So. 2d 1182

Snippet: [3] § 921.141(5)(a), Fla.Stat. (1993). [4] § 944.291, Fla.Stat. (1979). [5] The statute was subsequently

Cooper v. Florida Parole Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-21T00:00:00-08:00

Citation: 691 So. 2d 521, 1997 Fla. App. LEXIS 2729, 1997 WL 127246

Snippet: discharge on that sentence was unconditional. § 944.291, Fla. Stat. (1991); Heuring v. State, 559 So.2d

Deason v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-28T00:00:00-08:00

Citation: 688 So. 2d 988, 1997 Fla. App. LEXIS 1773, 1997 WL 82131

Snippet: Florida, which subsequently appeared as section 944.291, Florida Statutes (1989), also set forth requisites…the term “correctional institution.” But section 944.291 specifically defers to the provisions of chapter…Florida Statutes. It is worthy of note that section 944.291 was not amended even when the requisites for conditional

Lincoln v. FLORIDA PAROLE COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1994-10-11T00:53:00-07:00

Citation: 643 So. 2d 668

Snippet: amended in 1988, codified as sections 775.084(4)(e), 944.291, and 947.1405, Florida Statutes (1988 Supp.),[1…program amended the gain-time statute, as follows: 944.291 Prisoner release by reason of gain-time allowances…habitual offenders and from the provisions of section 944.291(2), restricting habitual offenders' release…, he was ineligible for release. Under section 944.291, Florida Statutes (1988 Supp.), a prisoner sentenced…supervision as described in chapter 947." § 944.291(2), Fla. Stat. (1988 Supp.). If appellant were

Haliburton v. State

Court: Fla. | Date Filed: 1990-04-05T00:53:00-07:00

Citation: 561 So. 2d 248

Snippet: conditional release (MCR) pursuant to section 944.291, Florida Statutes (1979), on January 2, 1981, and…determined by the Parole and Probation Commission. § 944.291(1), Fla. Stat. (emphasis added). We approve the

Heuring v. State

Court: Fla. | Date Filed: 1990-03-14T23:53:00-08:00

Citation: 559 So. 2d 207

Snippet: interpretation of sections 944.275, 944.28, and 944.291, Florida Statutes (1987).[*] The dissenting opinion

Mitchell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1990-03-12T00:00:00-08:00

Citation: 559 So. 2d 243, 1990 Fla. App. LEXIS 1569, 1990 WL 25934

Snippet: to have completed his sentence in full, Section 944.-291, Florida Statutes (1987), State v. Green, 547

Bolden v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-25T23:53:00-08:00

Citation: 557 So. 2d 630

Snippet: to have completed his sentence in full. See § 944.291, Fla. Stat. (1987). Receipt of gain-time is dependent

State v. Green

Court: Fla. | Date Filed: 1989-07-20T00:53:00-07:00

Citation: 547 So. 2d 925

Snippet: to have completed his sentence in full. See § 944.291, Fla. Stat. (1987). Receipt of gain-time is dependent

Easton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1985-07-30T00:53:00-07:00

Citation: 472 So. 2d 1369

Snippet: the remainder of the original sentence. Section 944.291, Florida Statutes (1983). See also Valdes v. State

Turner v. Wainwright

Court: Fla. Dist. Ct. App. | Date Filed: 1980-01-15T23:53:00-08:00

Citation: 379 So. 2d 148

Snippet: under Section 944.291 was once committed to the Parole and Probation Commission, Section 944.291, Florida …53, Fla. Laws; Section 944.291, Florida Statutes (1978 Supp.). Section 944.291 was amended in 1978 to …mandatory conditional release in April 1976, Section 944.291, Florida Statutes (1975), provided: (1) A prisoner

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-01-10T00:00:00-08:00

Citation: 370 So. 2d 1164, 1979 Fla. App. LEXIS 13933

Snippet: injunctive relief. He urges the illegality of Section 944.291, Florida Statutes (1977), which requires his release

Ivory v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1978-12-05T00:00:00-08:00

Citation: 364 So. 2d 878, 1978 Fla. App. LEXIS 22481

Snippet: Tamargo, 329 So.2d 422 (Fla.2d DCA 1976); Section 944.291, Florida Statutes (1974). No. 78-813

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-03-28T23:53:00-08:00

Snippet: Department of Offender Rehabilitation pursuant to s. 944.291, F. S., required to contribute $10 monthly toward…parole or probation. As noted in AGO 077-39, s.944.291(1), F. S., provides that persons released by virtue…at least 180 days' gain-time.' Section 944.291[2].) It was my opinion in AGO 077-39 &#8212…reiterate it here — that the language of s. 944.291 does not provide the kind of clear, express…-428 and s. 945.30) when read together with s. 944.291 and the legislative intent did accomplish an obvious

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-05-02T00:53:00-07:00

Snippet: the supervision provision of s. 944.291, Subsection (2) of s. 944.291 excludes from the operation of that…Department of Offender Rehabilitation pursuant to s. 944.291, F. S., required to contribute $10 monthly toward…operation of s. 945.30.' Subsection (1) of s. 944.291, F. S., provides that a prisoner who has served…184 and state my opinion that the language of s. 944.291, F. S., does not provide the kind of clear, express