Florida Statutes

Fla. Stat. § 944.291 (2025)

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, 704 So. 2d 1052 (Fla. 1998).

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Dowdy v. Singletary, 704 So. 2d 1052 (Fla. 1998). · cites it 12× “[ [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, 643 So. 2d 668 (Fla. 1st DCA 1994). · cites it 7× “Under section 944.291, Florida Statutes (1988 Supp.”

Turner v. Wainwright, 379 So. 2d 148 (Fla. 1st DCA 1980). · cites it 8× “" [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, 561 So. 2d 248 (Fla. 1990). · cites it 4× “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, 768 So. 2d 1257 (Fla. 1st DCA 2000). · cites it 4× “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, 698 So. 2d 1182 (Fla. 1997). · cites it 2× “[4] § 944.291, Fla.Stat. (1979). [5] The statute was subsequently amended to expressly include community control as an aggravating circumstance.”

Duncan v. Moore, 754 So. 2d 708 (Fla. 2000). · cites it 2× “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, 707 So. 2d 326 (Fla. 1998). · cites it 2× “[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, 557 So. 2d 630 (Fla. 1st DCA 1990). · cites it 2× “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, 688 So. 2d 988 (Fla. 1st DCA 1997). · cites it 4× “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, 790 So. 2d 560 (Fla. 1st DCA 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 Comm'n, 691 So. 2d 521 (Fla. 4th DCA 1997). · cites it 2× “§ 944.291, Fla. Stat. (1991); Heuring v. State, 559 So.”

Show all 19 citing cases →

— 944.291(1) — 1 case

Haliburton v. State, 561 So. 2d 248 (Fla. 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, 643 So. 2d 668 (Fla. 1st DCA 1994). “Under section 944.291, Florida Statutes (1988 Supp.”

Duncan v. Moore, 754 So. 2d 708 (Fla. 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, 707 So. 2d 326 (Fla. 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.”

Div. of Corr., State Parole & Prob. Comm'n v. Tamargo, 329 So. 2d 422 (Fla. 2d DCA 1976).

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