944.291
Prisoner released by reason of gain-time allowances or attainment of provisional release date.
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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.
Notes of Decisions
Cited in 19
cases, 1972–2001 · leading case: Dowdy v. Singletary
Dowdy v. Singletary (1998)
“[ [1] ] See § 944.291, Fla. Stat. (1987). Receipt of gain-time is dependent on a prisoner's behavior while in prison, not on satisfactory behavior once the prisoner has been released from incarceration.”
Lincoln v. FLORIDA PAROLE COM'N (1994)
“Under section 944.291, Florida Statutes (1988 Supp.”
Turner v. Wainwright (1980)
“" [3] At the time of Turner's mandatory conditional release in April 1976, Section 944.291, Florida Statutes (1975), provided: (1) A prisoner who has served his term or terms, less allowable statutory gain-time deductions and extra good-time allowances, as provided by law,…”
Haliburton v. State (1990)
“When the appellant was placed on MCR, the statute read as follows: A prisoner who has served his term or terms, less allowable statutory gain-time deductions and extra-good time allowances, as provided by law, shall, upon release, be under the supervision and control of the…”
Andrews v. Florida Parole Com'n (2000)
“This date was calculated by considering the two separate sentences as one 60 month sentence despite the fact that only the second thirty month sentence was subject to the provisions of Florida Statute § 947.”
Davis v. State (1997)
“[4] § 944.291, Fla.Stat. (1979). [5] The statute was subsequently amended to expressly include community control as an aggravating circumstance.”
Duncan v. Moore (2000)
“See § 944.291(2), Fla. Stat. (1999). Nevertheless, as we have explained before, the retention of gain time is now dependent not only upon satisfactory behavior while in prison but also upon satisfactory behavior while under supervision after release.”
Rivera v. Singletary (1998)
“[4] Section 944.291(2), Florida Statutes (1991), provides in pertinent part: 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.”
Bolden v. State (1990)
“See § 944.291, Fla. Stat. (1987). Receipt of gain-time is dependent on a prisoner's behavior while in prison, not on satisfactory behavior once the prisoner has been released from incarceration.”
Deason v. State (1997)
“Chapter 88-122, section 10, Laws of Florida, which subsequently appeared as section 944.291, Florida Statutes (1989), also set forth requisites for placement of prisoners into the conditional release program.”
Hull v. Moore (2001)
“We agree with the well-reasoned opinion of the trial court which explained, as follows: An inmate who commits certain types of crimes and who has served time for a prior felony or who is sentenced as a habitual offender must be released into the conditional release program, the…”
Cooper v. Florida Parole Commission (1997)
“§ 944.291, Fla. Stat. (1991); Heuring v. State, 559 So.”
— 944.291(1) — 1 case
Haliburton v. State (1990)
“When the appellant was placed on MCR, the statute read as follows: A prisoner who has served his term or terms, less allowable statutory gain-time deductions and extra-good time allowances, as provided by law, shall, upon release, be under the supervision and control of the…”
— 944.291(2) — 5 cases
Lincoln v. FLORIDA PAROLE COM'N (1994)
“Under section 944.291, Florida Statutes (1988 Supp.”
Duncan v. Moore (2000)
“See § 944.291(2), Fla. Stat. (1999). Nevertheless, as we have explained before, the retention of gain time is now dependent not only upon satisfactory behavior while in prison but also upon satisfactory behavior while under supervision after release.”
Rivera v. Singletary (1998)
“[4] Section 944.291(2), Florida Statutes (1991), provides in pertinent part: 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.”
Hull v. Moore (2001)
“We agree with the well-reasoned opinion of the trial court which explained, as follows: An inmate who commits certain types of crimes and who has served time for a prior felony or who is sentenced as a habitual offender must be released into the conditional release program, the…”
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